**Webmasters Note: The previous Schedule has been amended as per Ordinance No. 3368.

G. SIGN REGULATIONS

(1) STATEMENT OF PURPOSE AND INTENT

The purpose of this provision is to create the legal framework by which the Township of Franklin may regulate signs. More specifically, these regulations are intended to:

(a) Promote signs, which are:

[1] Orderly, readable and appropriate to the activity to which they pertain;

[2] Compatible with surroundings,

[3] Expressive of the identity of individual proprietors,

[4] Complementary to the character of the community.

[5] Not distracting to motorists so as not to contribute to traffic accidents; and,

(b) Discourage and render unlawful signs which:

[1] Represent an over-loaded, over-stated system of graphics that defeats its communicative purpose;

[2] Contribute to visual pollution and clutter;

[3] Are in disrepair or of faulty construction, thereby threatening the safety and welfare of persons and property;

[4] Advertise, identify or promote an activity no longer in existence or operation.

(c) To otherwise control the size, location, character, and pertinent features of all signs in order to meet the expressed purposes stated above.

(2) ADMINISTRATION, FILING, PROCEDURE AND PERMITS

(a) Permit Application

To obtain a sign permit, an application shall be filed on a form furnished by the Township Department of Zoning.

(b) Procedural Requirements

Each application shall be accompanied by plans showing the exact location of the proposed sign, the sign size and character, the method of illumination, if any and the color and materials to be used. In the case of projecting signs each application shall show the proposed method of fastening such sign to the building, the vertical distance between such sign and the curb and the distance between the sign and the right-of-way.

(c) Permit Fee

Before the issuance of any sign permit required by this Ordinance, the Zoning Department shall collect a fee in accordance with Township Ordinance. After a permit period expires, any renewal of said permit shall constitute a new permit subject to permit fee.

(d) Administration

The Zoning Officer shall issue a permit only for the erection or construction of a sign, which meets the requirements of this section.

(e) Compliance

It shall be unlawful for any person to erect or alter any sign or other advertising structure as defined in this Ordinance without first obtaining a permit as further required in Section 112-9G(2)(a) and Chapter 105 of the Construction Code.

(3) REMOVAL OF SUBSTANDARD SIGNS

Signs may be removed by the Township for the following reasons:

(a) Unsafe signs - whenever a sign becomes structurally unsafe or endangers the safety of life or property, the Township of Franklin, Department of Land Use, Building Sub-Code Official shall give a written notice that the sign either be made safe or removed. Compliance with the written notice shall be within ten (10) days of receipt of this order.

[1] The Building Sub-Code Official or his authorized representative may remove said hazardous sign in the event that the individual, corporation or other entity responsible for same cannot be found or refuses to repair or remove it. The Township may charge the owner of the sign for any costs incurred in removing hazardous signs.

(b) Abandoned Signs

Any individual, corporation or entity who owns or leases a sign shall remove said sign within thirty (30) days after the party advertises that business is no longer conducted in or on the premises, or the party vacates the premises. Removal of the sign can be done in the same manner as Section 112-9G(3)[1].

(c) Illegal Signs

Any sign erected or applied in violation of this ordinance shall be removed immediately by the owner upon notice by the Township. Failure to remove the sign cause the signs shall to be removed by the Township at the owner's expense.

(d) Dilapidated Signs

A.sign shall be deemed substantially destroyed or deteriorated when the value of said sign, after destruction or any stage of deterioration, is less than fifty (50) per cent of the replacement value of the sign.

(5) PROHIBITED SIGNS

The following types of signs are not permitted within the Township of Franklin:

(a) Signs tacked, pasted, painted or otherwise attached to poles, posts, trees, fences, sidewalks, curbs, rocks, water towers, tanks, culverts or bridges.

(b) Exterior signs using moving parts except clocks.

(c) Animated, flashing, and illusionary signs.

(d) Signs using mechanical or electrical devices to revolve, flash or display movement, or the illusion of movement;

(e) Portable signs which are fixed on a moveable stand; self-supporting without being firmly embedded in the ground; supported by other objects; mounted on wheels or movable vehicle; or made easily movable in any other manner, unless specifically permitted or exempted elsewhere in the ordinance. (Amended 6/12/90 by Ord 1577)

(f) Signs, which bear or contain statements, words or pictures of an obscene or indecent character.

(g) Signs maintained at any location where, by reason of color, illumination, position, size or shape, as determined by findings of the Chief of Police, may obstruct, impair, obscure or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead, or confuse vehicular traffic.

(h) The following advertisements are specifically prohibited: any advertisement which uses a series of two or more signs placed in a line parallel to the highway or in similar fashion, all carrying a single advertisement or message, part of which is contained on each sign.

(i) Any sign, which advertises or publicize an activity, use, business, product, real estate, or service not located or conducted on the premises upon which such signs are located unless specifically permitted by other provisions of this ordinance. (Added 6/25/91 by Ordinance #1646)

(j) Electronic Script/Bulletin Boards

(k) Sandwich Boards Signs, except within the Hamilton Street Business District and the historic villages of East Millstone, Middlebush and Kingston subject to the following conditions:

1. Signs shall only be placed directly in front of the front/main entranceway of the building and shall be removed at the close of the business day.

2. The maximum size of such sandwich board signs shall not exceed five (5) square feet in area. If such a sign is two-sided, only one (1) side shall be used for the purpose of calculating the permitted sing area.

3. Such signs shall be located within four (4) feet of an entrance to the business they advertise and shall not be placed to interfere with pedestrian or vehicular traffic on a street, sidewalk or public right-of-way. An unobstructed pathway of at least four (4) feet in width shall be maintained on the sidewalk at all times.

4. Such signs shall be constructed of wood, slate, board and/or finished metal.

5. Information contained on such signs shall be limited to advertisements for special promotions, sales and other such similar non-permanent sales promotions.

6. Such signs shall be maintained in an orderly manner at all times.

7. In a building with multiple business occupants who share a common entrance, no more than two (2) sandwich board signs shall be permitted, which may be shared among the applicable businesses entitled to a portable special promotion sign under the provisions of this section.

8. No sign shall be displayed when the business it relates to is not open for business.

9. Sandwich board signs shall not be illuminated.

(6) EXEMPT SIGNS

The following shall not be subject to the permit provisions of this ordinance nor require the payment of any fee but, are subject to all other provisions of this ordinance:

(a) Professional signs indicated the name and profession of the occupant of a dwelling, provided such signs do not exceed two square feet on any one side.

(b) Temporary signs inside windows of commercial establishments not covering more than twenty-five percent of the window area.

(c) Any signs forbidding trespassing, hunting, fishing or trapping as authorized by the Fish and Game Laws.

(d) Temporary signs indicating a political preference or a political cause provided such signs do not exceed thirty-two (32) square feet in area on any one side.

(e) Temporary charitable signs providing such signs do not exceed sixteen (16) square feet on any one side.

(f) Real Estate signs (For Sale, For Rent, or Sold) provided:

[1] Said sign does not exceed four (4) square feet in area on any one side, and also provided that:

[2] No more than one such sign for each 200' of frontage of the property to which such sign applies shall be exempt.

[3] In the event of the property having less than 200' frontage, only one such sign shall be exempt.

[4] With respect to the aforementioned "Sold" signs, such sign shall only be exempt for a period of 21 days after the date the applicable property is sold.

(g) Signs required by law or government order, rule or regulation, including signs forbidding trespassing, hunting, fishing, trapping, dumping or signs erected by the municipality or government for public purposes.

(h) Seasonal decorations permitted for display purposes on public or private property providing such decorations are safely maintained.

(i) Signs displayed for the direction or convenience of the public, including those to identify rest rooms, emergency exits and the like, with a total sign area not exceeding five (5) square feet.

(j) Signs denoting responsible contact persons or firms placed on construction sites and not exceeding twenty-five (25) square feet in total sign area. They shall be removed when construction is completed.

(k) Information, identification and directional signs, provided:

[1] The sign is for street number designation, postal box, on-site directional or parking sign, warning sign or sign posting property as "private property", "no hunting" or similar signs.

[2] Such signs are not to be considered in calculating sign area.

[3] No such sign shall exceed two (2) square feet in area.

(l) Residential name plates consisting of one (1) non-illuminated or shielded-lighted not to exceed 25 watts and not exceeding two (2) square feet in total sign area, shall be permitted for each single-family residence or home occupation.

(7) GENERAL REQUIREMENTS

(a) Maintenance of Signs

All signs shall be properly maintained such that:

[1] All signs together with all their supports, braces, hooks, guys and anchors shall be of durable construction, and shall be printed and cleaned as often as necessary so that they do not become dilapidated.

[2] The area surrounding the sign shall be kept neat, clean, and landscaped.

[3] The owner of the property upon which the sign is located shall be responsible for maintaining the condition of the area.

[4] These provisions shall apply to signs existing on the effective date of this Ordinance, as well as those hereafter erected, enlarged or reconstructed.

[5] In the case of existing free-standing signs, the owner will not be required to landscape the area surrounding the sign unless required as part of the site plan review process.

(b) Building Codes, Local, State, Federal Regulations Appropriate

All signs shall comply with county, regional, state, and federal regulations, with the strictest regulation prevailing. All signs shall conform to the Township of Franklin Building Code and the Township of Franklin Development Ordinance.

[1] No sign may obstruct any window, door, fire escape, stairway or opening intended to provide light or ingress and egress to or from any building or structure with the exception that twenty-five (25) percent of any window may be occupied by a sign or signs, subject to the further provisions of the Ordinance.

[2] In order to secure and maintain reasonable traffic safety, no sign shall be erected or maintained in such a manner as to obstruct free and clear vision or to distract the attention of the driver of any vehicle by reason of the position, shape or color thereof.

[3] No sign shall be placed within or suspended over a public right-of-way, public property or publicly owned open space property

(c) Illumination

Illumination devices, such as but not limited to flood or spotlights, shall be so placed and so shielded as to prevent the rays of illumination thereof from being cast into neighborhood dwellings and approaching vehicles.

(d) Sign Location

No sign shall be located on a building above the roof or projecting from the wall, or placed above the eaves of a building or structure or on a flat roof, or extending from the wall face, unless provided for in these regulations.

(e) Encroachment on Critical Natural Features

In order to protect a historic, scenic, institutional or special natural area such as a park, it is necessary to ensure that signs used within the area enhance its natural beauty.

(f) Encroachment on Architectural Design Features

No sign shall be erected, relocated, or maintained in such a manner as to cover or intrude upon any architectural features of a building such as windows, columns, moldings, or any major decoration or structural feature.

(g) Banners and Pennants (Amended 6/25/91 by Ord. #1646; 8/13/91 by Ord. #1659; 12/10/96 by Ord. #1983)

Banners shall only be permitted to announce limited events such as sales, grand openings, or change of tenant; or for public functions or fund raising events for charitable, educational, civic, religious, or similar purposes in any zone, provided the following conditions are met:

(1) The erection of a banner shall require a permit from the Zoning Officer and a fee as established in Schedule VII "Fee Schedule" herein; A separate permit is required for each fourteen (14) day display period, and a separate fee is to be paid for each permit. [Amended 5-12-92 by Ord. No. 1705]

(2) The application for a banner shall require a completed application form and a dimensioned sketch of the banner or pennants including the type and color of material and the language of the advertisement. A dimensioned elevation of the building facade upon which the banner is to be located shall also be provided. A copy of a plot plan dimensioning the proposed locations where the banner or pennants are not mounted flush on the building. The information may be prepared by the Applicant, provided it is clearly legible and accurate.

(3) The banners may be in place for no longer than fourteen (14) days.

(4) Banners may only be displayed for two 14 day periods in any 12 month period.

(5) The dimensions of a banner may not exceed six (6) feet in height or sixteen (16) feet in length, with a maximum area of thirty two (32) square feet.

(6) The highest portion of a banner shall not exceed sixteen (16) feet.

(7) The minimum clearance of banners above the finished grade level shall be eight (8) feet.

(8) Banners shall not be lighted.

(9) Banners for commercial and industrial uses shall only be located flush on the building which is the subject of the advertisement. Banners for public functions and fund raising events may be located off premises. Banners to be displayed over public streets shall be subject to the provisions of Chapter 210, Streets and Sidewalks, of the Code of the Township of Franklin. [Amended 12/10/96 by Ord. #1983]

(10) Change of tenant or use shall be determined by the issuance of a new certificate of occupancy.

(11) Banners, pennants and flags, other than those permitted above, shall require special control and may be permitted where the Planning Board finds such signs to be in conformance with the intent of this ordinance and appropriate to the type of development or structure to which they are related.

(h) Flags (Added 6/25/91 by Ordinance #1646)

(1) A maximum of four (4) flags shall be permitted per site, only one of which may be for an established commercial entity.

(2) The maximum flagpole height shall be thirty (30) feet.

(3) Setbacks for flagpoles shall be the same as set forth in Schedule VII for free standing signs.

(i) Schedule of sign regulations (Added 6/25/91 by Ordinance #1646)

Sign regulations shall be as set forth in the schedule entitled, "Schedule V - Sign Regulations."

(8) REQUIREMENTS FOR TEMPORARY SIGNS ON COMMERCIAL PROPERTY (Amended 6/12/90 by Ordinance #1577)

(a) The only temporary signs permitted under this ordinance shall be real estate signs used to advertise the sale, rental, or lease of a premises or portion thereof, subject to the following regulations:

[1] Any sign larger than four (4) square feet in area on any one side shall require a permit;

[2] No more than one sign shall be permitted per road frontage.

[3] No sign shall exceed 32 square feet on any one side.

[4] The minimum lot line set-back shall be 10'.

[5] The maximum total height of any temporary sign shall be 8'.

[6] The minimum outside dimension of any side of a temporary sign shall be 2'.

(b) Application for a temporary sign permit shall be submitted to the Zoning Officer.

(c) Temporary signs shall require a permit unless specifically exempted elsewhere in the ordinance.

(d) The fee for a temporary sign shall be $10.00.

(e) Temporary signs shall not be lighted.

(f) Temporary signs shall not be in place for a period greater than six (6) months.

(9) PERFORMANCE STANDARDS

(a) Every sign shall be in good scale and proportion in design and visual relationship to structures, buildings and other surroundings.

(b) Every sign shall be designed as an integral architectural element of the structure, building and site to which it principally relates. As an architectural element, a sign shall be in harmony with the structure, building or site's character and use.

(c) The colors, materials and lighting of every sign shall be harmonious with the structure, building and site to which it principally relates.

(d) The number of graphic elements on a sign shall be limited to a minimum needed to convey the sign's main message, and shall be composed in proportion to the area of the sign face; and

(e) Each sign shall be compatible with signs on adjoining premises and shall not compete for attention.

**Webmasters Note: The previous subsection, G., has been amended as per Ordinance No. 3482.

H. PERFORMANCE STANDARDS REQUIREMENT

(1) GENERAL INTENT

As a condition to construction or continuance of any commercial or industrial use or process in any zone; the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use will conform fully. with all. of the. applicable performance standards stated herein. As evidence of compliance, the Board may require certification of tests by appropriate governmental agencies or by recognized testing laboratories, any cost thereof to be borne by the applicant. The Planning Board may require that specific devices be installed and that operating procedures be followed if governmental agencies or testing laboratories determine that the use requires such in order to assure compliance with performance standards.

(2) SMOKE CONTROL

(a) No smoke shall be emitted from any chimney or other source as visible grey greater than No. 1 on the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines.

(b) Smoke of a shade not darker than No. 1 on the Ringlemann Smoke Chart may be emitted for not more than four minutes in any thirty minutes.

(c) These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

(3) CONTROL OF DUST AND DIRT, FLY ASH AND FUMES, AND GASES

(a) No emission shall be made which can cause any damage to health, to animal or vegetation or other forms of property, or which can cause any excessive soiling at any point.

(b) No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point.

(c) For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of five hundred percent excess air.

(4) CONTROL OF NOISE

The sound pressure level of any operation shall not exceed the described levels in the designated octave bands shown below for the districts indicated.

SOUND LEVELS

(5) CONTROL OF ODORS

There shall be no emission of odorous matter in such quantities as to be offensive. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained. As a guide in determining offensive odors,, Table II (odor Thresholds) in Chapter 5, "Air Pollution Abatement Manual", copyrighted 1951 by Manufacturing Chemists' Association, Inc., Washington, DC shall be used.

(6) CONTROL OF GLARE OR HEAT

Any operation producing intense glare or heat such as to adversely affect the physical health or welfare of persons in the vicinity shall be performed within an enclosed building or behind a solid fence in such a-manner as to be completely imperceptible from any point beyond the lot line.

(7) CONTROL OF VIBRATION

There shall be no vibration which is discernible to human sense or feeling-at any point beyond the lot line.

(8) CONTROL OF RADIOACTIVITY OR ELECTRICAL DISTURBANCE There shall be no activities which emit dangerous or harmful radioactivity. There shall be no disturbance adversely affecting the operation of any equipment located beyond the property of the creator of such disturbance.

(9) OUTDOOR STORAGE AND WASTE DISPOSAL

(a) No flammable or explosive liquids, solids or gases shall be stored in bulk above ground, provided however that tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.

(b) All outdoor storage facilities for fuel, raw materials and products and all raw materials and products stored outdoors shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties.

(c) Materials or wastes shall not be deposited upon a lot in such form and manner that may be transferred off the lot by natural causes or forces.

(d) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers.

(e) The outdoor storage of any material in connection with construction is permitted subject to the following regulations: [Added 4/8/98 by Ord. No. 2065]

(1) The outdoor storage of any material is permitted providing that such materials stored outdoors shall be kept in an orderly manner at all times and shall not include any discarded or abandoned materials and further providing that the height of the material stored shall not exceed six (6) feet.

(2) Any material stored outdoors shall be located it conformance with the rear and side yard setback requirements for accessory buildings in the zone.

(3) If the Zoning Officer determines that construction at the site has not been actively and diligently pursued for a period of thirty (30) days, the Zoning Officer may order the removal of any material from the site ("Order of Removal") . Upon issuance of the order of Removal, the disturbed areas of the site shall be graded and reseeded with grass within ten (10) days, weather permitting.

(10) INDUSTRIAL WASTE OR SEWAGE

No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste treatment and disposal except as shall be approved by the Health Officer and Sewerage Authority.

(11) PROVISIONS AND USE OF WATER

All water requirements shall be stated in the application. Water shall be supplied from wells only after approved or accepted geologic study furnished by the applicant and certification by a professional geologist that the underground water supply and levels will not be appreciably altered in such a way as to endanger the water level or supply of other properties.

(12) SPEC BUILDINGS - RESERVED [Deleted 7-14-92 by Ord. No. 1720]

(13) USE OF TEMPORARY CONSTRUCTION TRAILERS IN CONNECTION WITH SITE CONSTRUCTION [Added 4/8/98 by Ord. No. 2065]

The use of Temporary Construction Trailers in any zone in connection with site construction shall be permitted subject to the following restrictions and regulations:

(a) Temporary Construction Trailer ("Trailer") shall mean a transportable trailer, installed on a non-permanent foundation if a foundation is required, temporarily erected or parked within a approved development for use by the contractor(s) for construction offices and/or for storage of construction material.

(b) Trailers and one (1) sign not exceeding thirty-two (32) square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit or start of site work in accordance with an approved development plan and concluding with the issuance of a final Certificate of Occupancy or one (1) year, whichever is less, are permitted, provided said trailer(s) and sign are on the site where the construction is taking place and are not on any right-

of-way, easement or within any "critical', area. The Township Construction Official may issue one (1) year extensions upon written request by the developer for the continuation of the Trailer(s) and sign.

(c) The Trailer(s) shall be set back in accordance with side and rear setback requirements for an accessory structure within the zone and not within a sight triangle. No clearing or grading for the Trailer(s), shall be permitted.

(d) A permit shall be required for a temporary office construction trailer. No site plan approval is required, provided that:

(i) The initial location of the Trailer(s) and sign shall be shown on the final grading plans submitted with the final site plans to be reviewed by the Board; or

(ii) All necessary information is provided to the Township Zoning officer and Construction official with the application and final plot plan for the Trailer(s) and sign in compliance with the provisions of 112-9H(13) above.

(e) The developer shall be required to remove any improvements associated with the Trailer (s) and restore the site in accordance with the final construction, grading and landscaping plans approved by the Board, at the time the trailer(s) is removed in accordance with 1129H(13) c. above.

(f) If the Zoning Officer determines that construction at the site has not been actively and diligently pursued for a period of thirty (30) days, the Zoning officer or Construction Official may order the removal of the Trailer(s) from the site. The Zoning Officer may make allowance for weather or other conditions that prevent active and diligent construction by the permittee.

**Webmaster's Note: The previous section (112-9H) has been amended as per the 1998 Supplement.

1. LANDSCAPING REQUIREMENTS

(1) PURPOSE

Recognizing the fact that land development necessitates the destruction and removal of natural vegetation, specific landscaping requirements are hereafter specified and required for the purpose of soil conservation, ensuring proper visual and audio separation of uses, and to promote individual privacy and further to enhance the public health and economic value of the Township of Franklin.

(2) LANDSCAPING AND BUFFER REQUIREMENTS FOR EACH ZONE

The following table represents minimum landscaping and buffer requirements for each zone. In addition to the following requirements, the approving authority, when reviewing applications for site plan approval, may request additional landscaping pursuant to Section 112-22d(19) of this Ordinance.