Borough of Tenafly, New Jersey

AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED “AN ORDINANCE TO REGULATE THE CONSTRUCTION, USE, LOCATION, TYPE, REPAIR, MAINTENANCE, AND INSPECTION OF ALL SIGNS, BILLBOARDS, BANNERS, LIGHTS, AWNINGS, MARQUEES, CANOPIES, CLOCKS AND TO PROVIDE FOR PERMITS, FEES, AND PENALTIES FOR VIOLATION THEREOF”

BE IT ORDAINED by the Mayor and Council of the Borough of Tenafly, County of Bergen, State of New Jersey, as follows:

SECTION 1. The above-entitled Ordinance is hereby amended in its entirety so that the same shall read as follows.

ARTICLE 1

TITLE; PURPOSE; COMPLIANCE

A. Short Title. This ordinance shall hereafter be known and cited as the “Sign Ordinance of the Borough of Tenafly”.

B. Purpose. The intent and purpose of these regulations is to establish a reasonable framework for signage and to facilitate easy and agreeable communication between people, at the same time recognizing the need to protect the safety and welfare of the public, to maintain attractive appearance in the community and to allow adequate business identification and advertising. It is the further intent of these regulations to maintain a balance between the commercial needs of business enterprises and their visual impact on residents and visitors of the Borough. To these ends, the regulations seek to authorize signs visible to the general public that:

1. Are compatible with their surroundings and consistent with the objectives of proper design and zoning amenities.

2. Allow and promote optimum conditions for meeting sign user’s needs while at the same time promoting an attractive environment desired by the general public.

3. Are designed, constructed, installed, and maintained in such a manner that they do no endanger public safety or traffic safety.

4. Are visible and legible in terms of the message they are intended to convey.

5. Respect the reasonable rights of other neighboring advertisers.

C. Compliance with Regulations. No person, including any owner, lessee, or other occupant of any premises shall erect, construct or display, or permit the erection, construction, or display of any sign within the Borough of Tenafly, other than in accordance with the provisions of this ordinance.

ARTICLE 2

DEFINITIONS

As used in this Ordinance, certain terms shall have the following meanings.

AWNING. A roof-like cover that projects from a building wall for the purpose of shielding a window or doorway from the elements.

CANOPY. A roof-like cover, either freestanding or attached to a building wall and supported totally or partially by the ground below.

MARQUEE. A permanent structure attached to a building wall, having horizontal or nearly horizontal top and bottom surfaces, which is intended to serve as a covering over the ground below and the objects thereon.

SIGN. Any announcement, declaration, demonstration, billboard display, illustration or insignia used to promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is placed, erected, attached, painted or printed where it may be viewed from the outside of any structure on the premises where placed. The display of merchandise and products inside a building and located at least two (2) feet from a window shall not be considered a sign.

SIGN, AREA OF. The area included within the frame or edge of the sign; where the sign has no such frame or edge, the area shall be the minimum area which can be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.

SIGN, DIFFUSED LIGHTED. A sign, which spreads light over the sign surface from a source, located within the sign and behind a translucent sign surface and wherein the direct source of light is not visible.

SIGN, GROUND. A sign supported by a footing, foundation, uprights or braces placed upon or in the ground and not attached to any building.

SIGN, ILLUMINATED. A sign lighted by or exposed to artificial lighting, either from within the sign or directed towards the sign.

SIGN, INDIRECTLY LIGHTED. A sign which reflects light from a source intentionally directed upon it; for example, by means of floodlights, gooseneck reflectors, or externally mounted fluorescent light fixtures.

SIGN, PORTABLE. A freestanding sign easily moved from place to place on a stand or “A” type frame and having no permanent attachment to the ground. A portable sign is sometimes referred to as a “sandwich” sign.

SIGN, PROJECTING. A sign, attached to a building, the face of which is perpendicular or nearly perpendicular to the building wall.

SIGN, TEMPORARY. A sign which is constructed, designed, and intended to be displayed for a short period of time.

SIGN, WALL. A sign which is affixed parallel to an exterior wall of any building.

SIGN, WINDOW. A sign painted, stenciled, or affixed to a window or the glass of a door which can be seen from outside the building.

ARTICLE 3

PROHIBITED SIGNS

The signs listed below are prohibited anywhere in the Borough.

A. Moving, fluttering or rotating signs, as well as streamers, pennants, balloons, and similar displays. This shall not be deemed to preclude the use of streamers, balloons, and similar devices displayed on a residential property for purposes of identifying the location of a birthday party or other celebration or event involving a family or member thereof residing on the premises. No such device shall be displayed for more than five (5) days.

B. Signs containing neon or other gaseous tubing unless located inside a building and at least two (2) feet from any window.

C. Strings of lights outlining rooflines, doors, windows or wall edges of any building, excepting Christmas season decorations.

D. Any sign that uses the words “stop” or “danger” or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger or which is likely to be confused with any sign displayed by public authority.

E. Banner-type signs except where in celebration of public events or to call attention to dates of holidays of public significance and, in such cases, only when erected by the Borough itself, or authorized by the governing body. Banner-type signs and similar displays announcing the grand opening of a business establishment, subject to the issuance of a permit, may also be displayed for a period not to exceed fourteen (14) days.

F. Signs erected or located on, within or over any public right-of-way, unless specifically permitted herein.

G. Except as otherwise permitted in this Ordinance, signs which are not accessory to a use located on the premises.

H. Highly reflective glass or fluorescent paint in red, green or amber.

I. Any sign erected, constructed, or maintained on or above the roof of a building.

J. Signs painted on a building wall or on sidewalks, curbs and similar places.

K. Signs attached to trees and utility poles except those required by the Borough in the enforcement of traffic regulations.

L. Signs located in sight triangle easements.

M. Projecting signs.

ARTICLE 4

SIGNS EXEMPT FROM PERMIT

The following signs are permitted in all zone districts and are exempt only from the requirements for a sign permit. Exemption from sign permit shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe condition:

A. Memorial tablets, emblems, logos, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or similar material as an integral part of the building. The total area of said signs shall not exceed one (1) percent of the area of the building wall on which they are located. The area of said signs shall not be included in the maximum permitted wall sign area.

B. Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs, and such temporary emergency signs as may be erected by the government or public utility employees in carrying out their official work.

C. Historic site and historic building plaques and markers subject to the provisions of any applicable historic preservation ordinances.

D. Names on mailboxes.

E. Signs used on property warning the public against trespassing, parking, or soliciting thereon.

F. Temporary safety, traffic, directional, and warning signs approved by the governmental agency having jurisdiction.

G. Temporary signs attached to or painted on windows and doors as regulated in Paragraph F of Article 7.

H. Signs required by any provision of law or signs deemed necessary to the public welfare by the governing body.

I. A freestanding, non-illuminated temporary sign pertaining to the lease or sale of the premises upon which it is placed, not exceeding four (4) square feet in total area, provided that it shall be removed within seven (7) days after signing the contract of sale or the signing of a sales transaction or the execution of a lease.

J. A nameplate sign, situated within the property lines and bearing only the name and address of the principal occupant, provided that the sign does not exceed six (6) inches in height and eighteen (18) inches in length.

K. Signs not exceeding one square foot in area designating or calling attention to driveway entrances and exits.

L. Signs erected to control the movement of traffic on a premises, provided these signs shall provide traffic directions only and shall not be used for any advertising purpose. These signs shall not exceed four (4) square feet in area and shall have been approved by the Planning Board.

M. Signs denoting the name of the owner, developer, architect, engineer or contractor, or the prospective use, when placed upon work under construction, and not exceeding thirty-two (32) square feet in area, provided the same are set back at least fifteen (15) feet from the curb and further provided the same are removed within twenty-four (24) hours after the final certificate of occupancy is issued.

N. Occupational wall signs denoting only the name and profession of an occupant in a commercial building, and not exceeding two (2) square feet in area. Only one such sign shall be located at any building entrance and all such signs on a building shall be uniform in size, color, and design.

O. The American Flag, and governmental flags displayed by recognized governments or governmental agencies, provided such flags are displayed in a respectful manner and in accordance with established or recognized rules, standards and criteria. Any such flag shall be hung in a safe manner with adequate support based on its size, weight, and exposure to wind in order to avoid hazard to persons and property.

P. Temporary political signs promoting the election of individuals to public office, provided they shall not be erected more than forty (40) days prior to the election and shall be removed within five (5) days following the election. Not more than one (1) such sign shall be placed on a property. Said sign shall not exceed six (6) square feet in area in a residential zone nor more than thirty-two (32) square feet in a non-residential zone, and shall be located at least ten (10) feet from a street right-of-way.

Q. Portable or sandwich signs permitted in Paragraph I (5) of Article 7.

ARTICLE 5

GENERAL SIGN PROVISIONS

A. No sign or other advertising structure as regulated by this ordinance shall be 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, or be confused with any authorized traffic sign, signal or device, or which makes use of the words “STOP”, “LOOK”, “DRIVE-IN”, “DANGER”, or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic. This shall not prohibit signs in private parking lots as directed by the Planning Board.

B. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

C. All signs which are constructed on street lines, or within five (5) feet thereof, shall have a smooth surface except for protruding letters; and no nails, tacks or wires shall be permitted to protrude therefrom except electrical reflectors and devices which may extend over the top and in front of the advertising structures.

D. Illumination of any sign shall be of the diffused lighting type or by indirect lighting and only the face of the sign shall be illuminated. No sign shall be lighted by means of flashing or intermittent illumination. The direct source of light used for the illumination of any sign, any building wall containing a sign or any display of merchandise or products of business establishments shall be completely shielded from the view of vehicular traffic using the roads or roads abutting such business properties. Floodlights or spotlights used for the illumination of such signs, building walls or displays, whether or not such lights are attached to or separate from the building, shall not project light beyond the sign wall, or display being illuminated. Gooseneck reflectors and lights shall be permitted on ground signs and wall signs, provided, however, the reflectors shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.

E. Signs carrying the same message on two sides shall be considered, for size limitation purposes, to be of a size equivalent to the size of one side. When there is a different message on each side, then each size shall be considered an individual or separate sign.

F. All lighting in connection with signs shall be extinguished by 11:00 PM prevailing time, or at the close of the business or activity serviced by said signs or lights, whichever occurs first; provided, however, that the Construction Code Official may authorize exterior lighting at additional hours to assist in the protection of properties which otherwise may be subject to this section when so recommended by the Chief of Police of the Borough of Tenafly.

G. Places of worship, schools and other non-profit, institutional facilities, where permitted, may display one (1) freestanding or ground sign not exceeding sixteen (16) square feet in area or a height of six (6) feet, identifying the name of the facility and pertinent information relating to its activities. No such sign shall be located closer than fifteen (15) feet to a property line or street right-of-way line.

ARTICLE 6

SIGNS IN RESIDENCE DISTRICTS

In residence districts, only the following signs are permitted:

A. Signs exempt from permit where applicable to the use on the property.

B. Signs pertaining to places of worship, schools and other non-profit, institutional facilities as provided in Paragraph G of Article 5.

C. Multi-family housing developments may display one (1) non-illuminated, freestanding identification sign at each street entrance to the development, designating only the name of the development, the address and name of the owner and the names of any buildings located therein, provided that the area of one (1) side of said sign shall not exceed twenty-four (24) square feet and that the sign is set back fifteen (15) feet from the front street property line.

ARTICLE 7

SIGNS IN BUSINESS AND COMMERCIAL DISTRICTS

In the business and commercial districts, signs are permitted as hereinafter regulated.

A. Signs exempt from permit where applicable to the use on the property.

B. Signs pertaining to places of worship, schools and other non-profit, institutional facilities as provided in Paragraph G of Article 5.

C. A business or commercial establishment shall be permitted one (1) wall sign for each building wall of the establishment that faces on a street, subject to the following conditions:

(1.) Said sign shall be erected parallel to the face of the building, except where otherwise hereinafter provided.

(2.) No sign shall extend farther than ten (10) inches from the face of the building upon which it is attached. Said sign shall not be closer than eight (8) feet from the ground level below said sign.

(3.) The maximum height of any sign shall not exceed the lesser of five (5) feet or ten (10) percent of the height of the wall to which it is attached.

(4.) The area of any sign shall not exceed fifty (50) square feet.

(5.) Wall signs shall not be located above the floor level of the second story of a building unless there is only one wall sign on the building wall.

D. Where a business establishment has a marquee constructed as an integral part of the building, a sign may be attached to the face of the marquee in place of a permitted wall sign, provided that:

(1.) Signs attached to the face of a marquee shall not extend above, below or to the sides of the face of said marquee.

(2.) Maximum sign area and size shall be determined by the size and dimensions of the wall to which the marquee is attached or from which the marquee extends.

E. Where a business establishment has an awning or canopy attached to the building, said awning or canopy may display only the name of the business conducted within the premises and the logo of said business. Said name and logo may be painted or otherwise permanently placed on the vertical front and side surfaces of the awning or canopy. The height of the lettering shall not exceed sixteen (16) inches except for a logo which shall not exceed a height of twenty-four (24) inches.

F. A business establishment is also permitted one (1) window sign and one (1) door sign which may consist only of the name of the establishment, the owner or proprietor’s name, the telephone number of the establishment, and the days and hours of business. The total area of a window sign shall not exceed thirty (30) percent of the glass area to which it is attached and the total area of a door sign shall not exceed ten (10) percent of the glass area to which it is attached. In addition, temporary signs attached to or painted on windows and doors are permitted for a period not to exceed thirty (30) days, provided they do not cover more than thirty (30) percent of the glass area of any one window, inclusive of any permanent window sign, nor ten (10) percent of the glass area of any door, inclusive of any permanent door sign.

G. If a building contains more than one (1) establishment, the signs permitted in Subsections C, D, and E above shall be uniform in terms of design, colors, height of background, style and height of lettering, and position on building wall. In the case of a new sign for an individual establishment in a pre-existing multi-use building, the new sign shall be consistent with the design of existing signs where a uniform pattern has been established. If no uniform pattern has been established, the new sign shall, to the greatest extent possible, follow the pattern of the existing sign or signs which most closely fulfill the objectives of these regulations. The owner as well as individual tenants of multi-use building shall be responsible for compliance with these regulations.

H. In addition, to the foregoing signs, any business property, except a gasoline service station or automobile dealer, is permitted one (1) ground sign, subject to the following conditions:

(1.) Said sign be located in the front yard, at least twenty (20) feet from a side property line, and at least five (5) feet from a street right-of-way line.

(2.) No ground sign may be erected within the triangular area formed by connecting with a straight line each of two points situated 40 feet distant along the right-of-way line from point of intersection of two streets forming a corner.

(3.) Said sign shall not exceed twenty-five (25) square feet in area.

(4.) The height of the sign structure, including its supporting members, shall not exceed twelve (12) feet.

(5.) The bottom of the sign display area shall be either at least eight (8) feet above the ground surface, or not more than two (2) feet above the ground surface.

(6.) Said sign shall have a single background and shall display only the name and address of the property and the use located on the site. If a site contains more than one (1) establishment, the sign may display only the name and address of the property and the predominant use located on the site.

I. Gasoline service stations and automobile dealers only may display the following signs which are deemed customary and necessary to their respective businesses:

(1.) Wall signs as regulated in Subsection A above.

(2.) One (1) ground sign displaying only the company name or brand name, insignia or emblem, provided that each such sign shall not exceed twenty-five (25) square feet in area on a side, shall be erected not less than five (5) feet from the property line and not more than twelve (12) feet above the ground.

(3.) Customary lettering on or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead warning sign, a price indicator and any other sign required by law, and not exceeding a total of three (3) square feet on each pump.

(4.) If a motor vehicle service station has a canopy over a pump island, each face of the canopy which is visible from a street may display a sign consisting only of the brand name. Said sign shall not extend above, below, or beyond the edge of the face of the canopy. The lettering of the sign shall not exceed a height of one (1) foot.

(5.) One (1) portable or sandwich sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that said sign does not exceed seven (7) square feet in area. Said sign shall be displayed only during the hours of operation.

ARTICLE 8

SIGNS IN THE INDUSTRIAL DISTRICT

In the Industrial Districts, no signs shall be permitted which are not related to the use on the premises and then only if all of the following requirements are complied with:

A. Signs attached to a building may be permitted as regulated in the business zones.

B. One (1) ground sign is permitted, subject to the regulations in Paragraph H of Article 7.

C. Where applicable, signs permitted in the residential districts are also permitted.

D. Freestanding directory signs giving the names and locations of various business and commercial establishments on a site. Such signs shall be located within the building envelope and shall not exceed a height of six (6) feet nor a width of four (4) feet.

ARTICLE 9

ADMINISTRATION

A. Permits Required. Unless an exempt sign, no sign shall be erected, repaired, altered or relocated in the Borough of Tenafly without a permit having been obtained from the Construction Official. Application for a permit shall be made on forms available from the Construction Official and shall be accompanied by sketches of the proposed sign and specifications showing typeface, colors, letter heights, artwork and materials to be incorporated in the sign, as well as materials to be used for supporting members, and methods of erecting or affixing the proposed sign to its proposed location.

B. Fees. An application for a sign permit shall be accompanied by a fee in an amount established by ordinance.

C. Sign Review Committee. For purposes of administering this ordinance and assisting the construction official in the enforcement of same, and particularly to insure that the objectives and purposes of this ordinance as specified in Section B of Article 1 are carried out, there is hereby established a sign review committee consisting of three (3) members, one of whom shall be a member of the Chamber of Commerce, one of whom shall be a member of the Planning Board, and one of whom shall be the control person of the construction office. The control person shall serve as secretary of the committee. The member of the chamber of commerce shall be appointed by the Mayor for a term of three (3) years. The Planning Board member shall be appointed each year by the chairman of the Planning Board. The Chairman of the Planning Board may also designate a second member of the Planning Board each year who shall be designated as the alternate Planning Board member of the sign review committee and be authorized to attend all meetings of the sign committee and vote in the absence of the regular Planning Board member of the sign review committee.

D. Procedure. An application for a new sign or an alteration of an existing sign shall be referred by the Construction Official to the Sign Review Committee for its review and recommendations as to whether the permit should or should not be issued and whether and in what respect the proposed sign should be modified. Prior to issuing its report, the Committee shall meet with the applicant to discuss any recommended denial or recommendations for modification, and the reasons for same, in an effort to achieve agreement and compliance. The Board shall submit its report and recommendation to the Construction Official within seven (7) days of its receipt of an application, after which the Construction Official shall issue or deny the permit. In the event the Committee shall not so act within a forty-five (45) day period, and unless the applicant has consented to an extension of such period, the Committee shall be deemed to have recommended approval of the application as submitted.

A sign application may be submitted simultaneously with an application for development to the Planning Board or Board of Adjustment. Upon submission of such a simultaneous application, the Planning Board or Board of Adjustment, as the case may be, shall have the authority to act upon the sign application under the terms of this ordinance as if it were the Sign Committee.

E. Permit Revocable at Any Time. All rights and privileges acquired under the provisions of this ordinance of any amendment thereto, are mere licenses revocable at any time by the Mayor and Council of the Borough of Tenafly, and all such permits shall contain this provision.

F. Unsafe and Unlawful Signs. If the Construction Official shall find that any sign or other advertising structure regulated herein is unsafe or insecure, or is menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this Ordinance, he shall give written notice, certified mail, return receipt, to the permittee or owner thereof. If the permittee or owner fails to remove or alter the structure so as to comply with the standards herein set forth within fifteen (15) days after such notice, such sign or other advertising structure may be removed or altered to comply by the Construction Official at expense of the permittee or owner of the property upon which it is located to be added to and become a part of the tax bill by the Collector of Taxes. The Construction Official shall refuse to issue a permit to any permittee or owner who refuses to pay costs as assessed. The Construction Official may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.

G. Number, Date and Voltage to Be on Sign. Every sign or other advertising structure requiring a permit hereafter erected shall have painted in a conspicuous place thereon, in letters not less than one-half inch in height, the date of erection, the permit number and the voltage of any electrical apparatus used in connection therewith.

H. Maintenance. All signs together with their supports, braces, guys and anchors shall be kept in good repair. The owner of any sign as defined and regulated by this Ordinance shall be required to have properly painted at least once every two years or sooner to prevent corrosion of all parts and supports of the said sign, unless the same are galvanized or otherwise treated to prevent rust.

I. Removal of Certain Signs. Any sign now or hereafter existing which no longer advertises a bona fide use conducted, or a product sold, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure upon which such sign may be found within five (5) days after written notification from the Construction Official, and upon failure to comply with such notice within the time specified in such order, the Construction Official is hereby authorize to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building, structure or property to which such sign is attached.

J. Insurance Requirements. Any person obtaining a permit for the erection of a sign shall provide proof to the satisfaction of the Construction Official that the person, firm or corporation actually doing the erection shall have in force a public liability insurance policy with limits of no less than $500,000.

K. Change of Occupancy. Upon termination of an occupancy of any premises, it shall be the duty of the owner of such premises to require that any signs used in connection with that occupancy be removed from the premises within five (5) days after termination of said occupancy.

L. Appeal. Any person aggrieved by any decision of the Construction Official in conjunction with the enforcement or interpretation of this Ordinance, may appeal to the Mayor and Council by filing an appeal in writing with the Borough Clerk within 30 days at which time the Mayor and Council will provide the appellant with an opportunity to be heard. The Mayor and Council will hear such appeal within 30 days of the filing thereof, and shall decide such appeal within 60 days of said hearing. If no decision is made within such period, the appeal shall be considered denied.

M. Penalties. Any person violating any of the provisions of this Ordinance upon conviction thereof shall be fined not exceeding $500 or be imprisoned in the County jail not exceeding ninety (90) days or both. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.

N. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

SECTION 2. This Ordinance shall take effect immediately after adoption and publication as required by law.

INTRODUCED: December 12, 1990

ADOPTED: January 5, 1991