§ 416.08 -Signs in Historic Districts

A. Applicability. This Sub-section applies to all signs in any historic zone district.

B. Illumination.

1. No sign may be internally illuminated.

2. Neon signs shall not be permitted.

3.All illuminated signs shall be extinguished by 11:00 p.m. each night during all seasons of the year.

C. Materials. Signs shall be constructed of wood, metal or other solid or rigid material.

D. Permitted Signs. The following types and sizes of signs shall be permitted:

1. Professional nameplates not exceeding one (1) square foot in area.

2. Bulletin boards not exceeding twenty (20) square feet in area for religious or other semi-public and public institutions when they are located on the same premises as the buildings.

3.Signs for ground floor business establishments, other than historic hotels, shall be permitted in accordance with the following regulations:

(a)Wall mounted signs. One (1) wall-mounted sign having a maximum area not to exceed fifteen (15) square feet and one (1) wall-mounted sign having a maximum area not to exceed six (6) square feet. Where the business is located at a corner lot, four (4) signs are permitted; two (2) on each road frontage meeting the above specified area requirements. The maximum height of such signs shall be fifteen (15') feet or the sill level of the second (2nd) story, whichever is less. The signs shall be applied flat against the wall and shall conform to all other applicable requirements contained herein.

(b) Projecting signs. One (1) projecting sign may extend from the primary building face to a maximum horizontal dimension of 42". Such sign is to be perpendicular to a building face, and shall be situated to be visible to those traversing sidewalk areas. The maximum area for such a sign shall be five (5) square feet. The bottom of the sign must be a minimum eight (8) feet from ground level.

(c) Awnings signs. A maximum of two (2) awning signs shall be permitted. Such signs may only state the name of the establishment associated with the awning. Maximum image height shall be ten (10) inches, and maximum image width shall be one (1) foot. Awning signs shall only be permitted on first-story awnings. The sign shall only be located on a portion of the awning that is both parallel to the vertical orientation of the building wall to which it is attached and is parallel to the building line of the building wall to which it is attached. This portion is more commonly known as the "valance." The horizontal dimension of the sign shall not exceed fifteen (15) feet, or sixty percent (60%) of the length of the awning occupied by the use, whichever is less. The minimum height from ground level to lowermost portion of awning shall be eight (8) feet. The maximum horizontal projection dimension of an awning from the building wall, including any appurtenances, shall not exceed five (5) feet. Such awning may project over a public sidewalk only and shall not extend over any other portion of any other public right-of-way. No canopy may project over a public right-of-way, unless approved by the Township Committee. The maximum vertical dimension of an awning shall not exceed the horizontal projection dimension.

(d)Permanent window signs. Permanent window signs shall be permitted subject to the following regulations:

(i) Sign Content. The sign(s) shall be limited to the resident business name, resident business logo, resident business type, street address, and/or telephone/fax number. No permanent window sign shall depict brand names and/or logos of products, commodities, services, etc. other than those owned by the local resident business establishment itself.

(ii) Sign materials and placement. A permanent window sign shall be professionally painted on the interior side of a window; and/or a fixture constructed by a professional sign manufacturer hung on the interior side of a window.

(iii)Sign Area. Maximum area of any and all permanent window signs shall not exceed thirty percent (30%) of the total window area within which it is displayed, not to exceed twelve (12) square feet.

(iv) Quantity. One (1) sign per business per window shall be permitted, up to a maximum of two (2) signs per business displayed on any building.

(v) Location. No permanent window sign shall be permitted in a window above the first-story of a building.

(vi) Visibility. No permanent window sign shall be displayed in a window unless it is visible from a public street or an approved parking area.

(vii) Illumination. The sign(s) may be internally illuminated or externally illuminated from the interior of the building. Neon light window framing shall not be permitted as a method of illumination for window signs.

4.Signs for historic hotels, rooming houses and other transient residential establishments shall be permitted based on the number of guest rooms, as follows:

(a) Under 20 rooms. One (1) sign with a maximum area of ten (10) square feet and one (1) sign with a maximum area of four (4) square feet. Wall mounted signs. One (1) wall-mounted sign having a maximum area not to exceed fifteen (15) square feet and one (1) wall-mounted sign having a maximum area not to exceed six (6) square feet.

(b) Each permitted accessory use is permitted one wall mounted sign not to exceed fifteen square feet in area on each street frontage.

(c) Awning signs as described in §416.08.D.3.c.

(d) Signs shall not be located in the historic flared open space area.

5.Memorial signs or tablets not to exceed two (2) square feet in area are permitted, when constructed of bronze or other incombustible material or when cut into the masonry surface of the building to commemorate the name of the building and/or the date of construction.

6. Temporary signs not exceeding fifteen (15) square feet in area denoting the architect, engineer or contractor when placed on the work under construction shall be permitted for three (3) months and renewable for five (5) month periods.

7. A single real estate sign, not to exceed six (6) square feet in area and forty-eight (48) inches in height, on the property which advertises the sale, rental or lease of the premises on which the sign is located or a name sign for a residential building shall be permitted, when attached to the lowest floor of the building, parallel to the street.

8.Traffic or other municipal signs, legal notices, notice of dangerous conditions and other temporary emergency or non-advertising signs of public interest shall be permitted by approval of the Neptune Chief of Police in cases of emergency or the Township Committee in all other cases.



E.Signage for Ocean Grove Camp Meeting Association (OGCMA) shall be permitted, as follows:

1. Internally illuminated religious symbols sixteen (16') feet in height placed at an elevation not to exceed seventy-five (75) feet high.

2. Wall mounted identification signs not to exceed sixteen (16) square feet in area with a maximum height of fifteen (15') feet.

3. Wall mounted informational signs not to exceed sixteen (16) feet in area with a maximum height of fifteen (15') feet.

4. Public safety and informational signs.

5. Bronze memorial signs.

6. Street signs

(a) Standard street signs per Manual of Uniform Traffic Control Devices.

(b) Monument street signs not to exceed twenty-four (24") inches in height.

§ 416.09 - Enforcement

The Zoning Officer shall be responsible for the administration and enforcement of all regulations contained within this article. The Zoning Officer may initiate enforcement procedures if any of the regulations contained herein are in violation. The Zoning Officer may call upon the Chief of Police and any duly authorized agents to assist in the enforcement of this title. If in the opinion of the Zoning Officer a particular sign presents an immediate danger to the public health, safety and welfare, appropriate action may be initiated to cause said sign to be immediately removed.

**Webmasters Note: The previous section, 416, has been amended as per Ordinance No. 15-28.

§ 417 SCHEDULE C: TABLE OF PERMITTED SIGNS

**Webmasters Note: The previous schedule can be viewed at the end of the Land Development Ordinance.

§ 418 HEIGHT EXEMPTIONS AND PERMITTED PROJECTIONS

A. Height exemptions. The maximum height requirements for each zone district shall apply to all structures in all zone districts, except as follows:

1.Chimneys, flues, ventilators, skylights, towers, water tanks, cooling towers, church spires, cupolas, belfries, clock towers, flagpoles and all other decorative features and necessary mechanical appurtenances and similar features usually carried above the roof level, shall be exempt from the height provisions of this Ordinance provided:

(a) The aggregate area covered by all such features shall not exceed 20% of the area of the roof of the building of which they are a part.

(b) The height of each such feature shall not exceed fifteen (15) feet above the level of such roof, except for church spires which may exceed the required height by thirty-five (35') feet.

(c)All such features shall be constructed, or enclosed within walls, of a material and design in harmony with that of the main walls of the building of which they are a part.

2. Where the height of a building conforms to the requirements of this Chapter on that side or sides thereof which face(s) the street, but where, due to the topography of the lot, the said height is in excess of said requirements along one or more sides of such building other than the side or sides which face(s) the street, the Zoning Officer may issue a zoning permit provided that at no point along the periphery of the building does the height thereof exceed by ten (10) feet, and/or by one (1) story, the maximum height prescribed by this Chapter for the zone district in which such building is located.

3. Parapet walls not extending more than four (4) feet above the maximum height limitation shall be exempt from height requirements set forth in this Chapter.

B. Permitted projections. The following shall not be considered to be obstructions and shall be permitted when located in a required yard and/or setback area:

1. Fire escapes, provided they do not project more than four (4) feet into a required yard and they are no closer than two (2) feet to a property line; Fire escapes are not permitted in a front yard. Existing fire escapes may be replaced in their existing location and to their exact size.

2. Weather protecting and energy efficiency enhancing front door enclosures that project no more than five feet into a required front setback area, and are no larger than forty (40) square feet in total area, provided the principal structure complies with the required front yard setback;

3. Cornices, eaves, cantilevered roofs, gutters, bay windows, and chimneys, provided they do not project more than twenty-four (24) inches from an exterior building wall into any required yard setback, and provided they remain at least two (2) feet from all yard lines;

**Webmasters Note: The previous subsection, B., has been amended as per Ordinance No. 07-54.

§ 419 FLOOD HAZARD REGULATIONS

A. Purpose. It is the purpose of this section to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to do the following:

1. Protect human life and health;

2. Minimize expenditure of public money for costly flood control projects;

3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4. Minimize prolonged business interruptions;

5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

6. Help maintain a stable tax base by providing for the reuse and development of areas of special flood hazard so as to minimize future flood blight areas;

7. Ensure that potential buyers are notified if a property is in an area of special flood hazard; and

8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

B. Methods and provisions. In order to accomplish its purposes, this section includes methods and provisions for the following:

1. Restricting or prohibiting uses, buildings or structures which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

2. Requiring that uses, buildings or structures vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3. Controlling the alteration of natural flood plains, stream channels and natural protective barriers, which help accommodate or channel flood waters;

4. Controlling filling, grading, dredging and other development which may increase flood damage; and

5.Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

C. Applicability. This section shall apply to all areas of special flood hazards are located within the Township of Neptune. Flood Insurance Rate Maps and Flood Boundary- Floodway Maps prepared by the Federal Emergency Management Agency as part of the National Flood Insurance Program dated March 1, 1984 identifying areas of special flood hazard are hereby adopted by reference and declared to be a part of this section.

D. Interpretation. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E. Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that properties outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. Additionally, this section shall not create liability on the part of the Township, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder.

F. Permit Required. A zoning permit, grading permit, a construction permit and a HPC permit, if applicable, must be obtained before construction or development begins within any Area of Special Flood Hazard established by the Federal Emergency Management Agency (FEMA). In addition to the normal information required for a zoning permit application, the following specific information is required to be reviewed by the Township Engineer prior to the issuance of an approved zoning permit:

1. New construction and the substantial improvement of any principal dwelling or commercial building, including attached garages, in an Area of Special Flood Hazard (ASFH) shall follow the Advisory Base Flood Elevation (ABFE) Standard for the type of construction set forth more fully in Chapter XIX entitled "Flood Damage Prevention"

2. In the areas the base flood elevation has not been determined, the applicant must determine the base flood elevation in accordance with the current NJ DEP Flood Hazard Area regulations and obtain the Township Engineer's Approval;

3. Certification by a registered professional engineer or architect that the flood proofing methods for any non residential structure meet the flood proofing criteria in Sub-section J.2 below;

4. Description of the extent to which any water course will be altered or relocated as a result of the proposed development;

5. Elevation in relation to mean sea level of any ground areas to be disturbed, filled, graded or re-graded;

6. Certification that all necessary permits have been obtained from those Federal, State or County Government agency from which prior approval is required; and

7. All base flood elevation and floodway data used to determine whether the proposed development is located in the floodway shall assure that the encroachment provisions of Sub-section K below are complied with. When base flood elevation and floodway data has not been provided in accordance with Subsection C above, the Township Engineer shall obtain, review and reasonably utilize any base flood elevation and flood water data available from a Federal, State or other source, in order to administer Sub-section J. below.

8. The height limitations required in each zone district shall not apply to Churches.

G. Township requirement. The Township shall perform the following when a watercourse may be altered:

1. Notify the New Jersey Department of Environmental Protection prior to any watercourse alteration or relocation activity watercourse and submit evidence of such notification to the Federal Insurance Administration; and,

2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

H. Areas of Special Flood Hazard. In all areas of Special Flood Hazard, compliance with the requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the standards set forth under Chapter XIX § 19-5 of the General Ordinances of the township of Neptune entitled "Flood Damage Prevention" shall be followed.

I. Applications for development. All applications for development shall be consistent with the need to minimize flood damage. Development plans shall comply with the following provisions:

1. Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed to minimize flood damage.

2. Adequate drainage shall be provided to reduce exposure to flood damage.

3.Base flood elevation data shall be provided for applications for development which contain at least fifty (50) lots or five (5) acres, whichever is less.

J. New Construction. In all areas of Special Flood Hazard where base flood elevation data have been provided as set forth in Subsection F, the standards set forth more fully under Chapter XIX § 19-5.1, §19-5.2, §19-5.3 and §19-5.4 of the General Ordinances of the Township of Neptune entitled "Flood Damage Prevention" shall be followed.

K. Floodways. Located within areas of special flood hazards established in subsection C. above, are areas designated as floodways. The following provisions shall apply to all floodways:

1. Encroachments on floodways, including fill, new construction, substantial improvements and other developments shall be prohibited, unless a technical evaluation by the Township Engineer demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2. If the Township Engineer determines that encroachment will not result in any increase in flood levels, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of sub-section H. above; and in all areas of special flood hazards in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than two-tenths (0.2) of a foot at any point.

L. Architectural Design. In all cases where elevation of a constructed or reconstructed improvement is either necessary or desirable, facade treatment shall be necessary to at least two and one half (2 1/2) feet from the finished grade of the building with regard to all sides of the building. Architectural treatment shall be consistent with the balance of the structure. The following treatment alternatives are not permitted: parging; concrete block; stucco (unless the entire structure is comprised of stucco); and lattice. Structures constructed on piles are subject to the requirements herein.

**Webmasters Note: the previous subsection has been amended as per Ordinance No. 15-49.

M. Historic District. Construction and reconstruction of buildings in the Historic District shall be subject to the same standards of Section 419 of the Land Development Ordinance and Chapter XIX entitled "Flood Damage Prevention" of the General Ordinances, except for key structures, as set forth in the Land Development Ordinance or other designated Ordinances. Applicability to the aforesaid Ordinance or historic exclusion based on the key structure nature of the building shall be determined after review by the Municipal Construction Official/Floodplain Administrator. Should the Municipal Construction Official/Floodplain Administrator determine that the building is subject to §419 of the Land Development Ordinance and Chapter XIX of the General Ordinances entitled "Flood Damage Prevention" and that Substantial Improvements are needed, the Municipal Construction Official/Floodplain Administrator shall issue a Notice of Determination with regard to the need for Substantial Improvements. The determination of the Municipal Construction Official/Floodplain Administrator shall be appealable to the Historic Preservation Commissions (HPC). An aggrieved party can appeal the determination of the Municipal Construction Official/Floodplain Administrator to the HPC within forty-five (45) days of the determination. Any decision of the HPC may be appealed to the Zoning Board of Adjustment in the manner set forth in §706 (Appeals and Application to ZBOA) of the Land Development Ordinance.

N. Building Coverage, Special Flood Hazard Area. In all Special Flood Hazard Areas within the Township, and only in those cases where residential dwellings will be elevated or demolished and elevated as part of reconstruction, the maximum percentage of building coverage may be increased by ten percent (10%) above the existing building coverage requirement for the zoning district in which the property lies. This standard shall apply to both conforming and nonconforming lots.

**Webmasters Note: The previous section has been amended as per Ordinance No. 13-11.