Ordinance No. 14-09
Introduced: May 7, 2009
Public Hearing: June 4, 2009
Status: Adopted
An ordinance amending Sections 15-43.2.D.2., 15-43.11.C., 15-43.11.G. and 15-43.11.H. and deleting Section 15-43.11.I. of the Land Development Ordinance of the Township of Randolph
WHEREAS, the Municipal Land Use Law of the State of New Jersey, N.J.S.A. 40:55D-1, et seq. (MLUL), grants to municipalities the power to adopt a zoning ordinance relating to the nature and extent of the uses of lands, buildings and structures thereon; and
WHEREAS, the Township of Randolph (“Township”) desires to amend Section 15-43.2.D.2. of the Land Development Ordinance of the Township of Randolph to indicate that illegal signs shall be removed within ten days after receipt of written notification from the Zoning Officer of the violation by the property owner or the person, group of persons, business, enterprise or organization that erected or applied the sign; and
WHEREAS, the Township desires to amend Section 15-43.2.D.2. of the Land Development Ordinance of the Township of Randolph to indicate that the Township reserves the right to remove illegal temporary signs erected or applied on public property or in the public right-of-way and to bill the person, group of persons, business or organization that erected or applied the illegal temporary sign, or in the case of a temporary political sign, the committee, group or person that financed the temporary political sign, for the cost of the removal of the illegal temporary sign; and
WHEREAS, the Township desires to amend Section 15-43.11.C. of the Land Development Ordinance of the Township of Randolph to indicate that temporary political signs shall clearly state on the face thereof the name and business or residence address of the committee, group or person that financed the temporary political sign and shall contain a statement that the temporary political sign has been financed by that group, committee or person; and
WHEREAS, the Township desires to amend Section 15-43.11.G. of the Land Development Ordinance of the Township of Randolph to provide one regulation governing both commercial temporary signs and banners; and
WHEREAS, the Township desires to amend Section 15-43.11.H. of the Land Development Ordinance of the Township of Randolph to address temporary signs and banners erected or applied by non-profit and public organizations and agencies; and
WHEREAS, the Township desires to delete Section 15-43.11.I. of the Land Development Ordinance of the Township of Randolph, because temporary signs or banners erected or applied by non-profit and public organizations and agencies are now governed by Section 15-43.11.H. of the Land Development Ordinance of the Township of Randolph.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION ONE. Section 15-43.2.D.2. of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted and replaced by the following:
2. Illegal Signs.
Any sign erected or applied in violation of this Chapter shall be removed within ten days after receipt of written notification from the Zoning Officer of the violation by the property owner or the person, group of persons, business, enterprise or organization that erected or applied the sign. Anything to the contrary notwithstanding, the Township reserves the right to remove any temporary sign, including, but not limited to, a temporary political sign, that has been erected or applied on public property or in the public right-of-way immediately upon the determination by the Zoning Officer that the same is in violation of this Chapter, in which case the cost incurred by the Township for the removal of the illegal temporary sign shall be paid by the person, group of persons, business, enterprise or organization that erected or applied the sign or, in the case of a temporary political sign, paid by the political campaign committee named on the temporary political campaign sign as being responsible for providing funding for the sign.
SECTION TWO. Section 15-43.11.C. of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is amended and supplemented by the addition of the following:
In accordance with N.J.S.A. 19:44A-22.3, temporary political signs aiding or promoting the nomination, election or defeat of any candidate or providing political information on a political candidate or aiding the passage or defeat of any public question or providing political information on any public question shall clearly state on the face thereof the name and business or residence address of the committee, group or person that financed the temporary political sign and shall contain a statement that the temporary political sign has been financed by that group, committee or person.
SECTION THREE. Section 15-43.11.G. of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:
G. Commercial Temporary Signs and Banners. The construction, erection, replacement or alteration of any temporary sign or banner advertising a grand opening or special sales event on a commercial premises shall be permitted upon obtaining a permit from the Zoning Officer and paying the fee required by this subsection. It shall be unlawful for any person to install, maintain, erect or display within the Township any commercial temporary sign or banner as defined in this ordinance without first obtaining a permit. In addition, all commercial temporary signs and banners shall comply with Section 15-43.9 and the following standards:
1. One temporary sign or banner not exceeding 24 square feet designed to advertise a grand opening celebration of a commercial establishment may be erected and maintained on the commercial premises which is the subject of said grand opening celebration for a period of 14 days prior to said event and for seven days thereafter. Streamers, pennants, balloons and other like accessory decorations may also be erected during the above time period.
2. One temporary sign or banner not exceeding 24 square feet designed to advertise a special sales event may be erected and maintained on the commercial premises conducting said event for a period not in excess of 30 calendar days. The erection of a temporary sign or banner advertising a special sales event shall be limited to four events per year per commercial establishment.
3. Where the commercial premises fronts on Route 10, the area of temporary signs or banners shall not exceed 36 square feet.
4. Temporary signs or banners shall not be so installed as to create a traffic or fire hazard to create a condition that adversely affects public safety.
5. Temporary signs or banners not permitted by these regulations or the Land Development Ordinance of the Township are prohibited.
6. Applications for a permit to install a temporary sign or banner shall be made to the Zoning Officer at least ten (10) days prior to the commercial event or sale and shall contain or have attached thereto the following information:
a. The name, address and telephone number of the applicant.
b. The name or names of the owner of the premises and location of the building, structure or lot upon which the banner is to be installed.
c. Written consent of the owner or authorized agent of the building, structure or land on which the banner is to be displayed.
d. The date(s) of the commercial event to be advertised on the temporary sign or banner.
e. The date when the temporary sign or banner is to be installed.
f. The date when the temporary sign or banner will be removed.
g. Chart or drawing attached to the application showing that the temporary sign or banner will not interfere with traffic or the safety of persons using the premises.
h. A statement by the applicant swearing to the truth of the information contained in the application by affidavit certification.
7. The zoning officer, upon finding that the information contained in the application is true, shall issue the permit.
8. Fees for a Temporary Sign /Banner Permit: $150.00. One hundred dollars ($100.00) of the $150.00 permit fee is refundable if the applicant has complied with all provisions of this ordinance.
9. Any person, firm or corporation violating any provision of this ordinance shall be fined not less than $100.00 and shall forfeit the refundable portion of the permit fee. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
10. It is the duty of the Zoning Officer to enforce these regulations and the penalties hereunder and to investigate all banners which are alleged to be unsafe, a menace to the public, or erected or displayed in violation of the provisions of this ordinance.
SECTION FOUR. Section 15-43.11.H of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:
H. Other Temporary Signs or Banners. Non-profit and public organizations and agencies shall be permitted to erect or display a banner which shall comply with the standards and procedures as set forth in Section 15-43.11(G) and shall be exempt from payment of permit fees.
SECTION FIVE. Section 15-43.11.I. of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety.
SECTION SIX. All ordinances or parts of ordinances in conflict or inconsistent with any part of this Ordinance are hereby repealed to the extent that they are in such conflict or inconsistent.
SECTION SEVEN. This Ordinance may be renumbered for codification purposes.
SECTION EIGHT. In the event that any section, part or provision of this Ordinance shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid.
SECTION NINE. This Ordinance shall take effect 20 days after passage and publication as provided by law.
ATTEST
_____________________________
Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
_____________________________
Edward A. Metz, Mayor
LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 14-09
NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Sections 15-43.2.D.2., 15-43.11.C., 15-43.11.G. And 15-43.11.H. And Deleting Section 15-43.11.I. Of The Land Development Ordinance of the Township of Randolph” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on May 7, 2009 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on June 4, 2009 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend Section 15-43.2.D.2. of the Land Development Ordinance of the Township of Randolph to indicate that illegal signs shall be removed within ten days after receipt of written notification from the Zoning Officer of the violation by the property owner or the person, group of persons, business, enterprise or organization that erected or applied the sign and to amend Section 15-43.2.D.2. of the Land Development Ordinance of the Township of Randolph to indicate that the Township reserves the right to remove illegal temporary signs erected or applied on public property or in the public right-of-way and to bill the person, group of persons, business or organization that erected or applied the illegal temporary sign, or in the case of a temporary political sign, the political campaign committee, for the cost of the removal of the illegal temporary sign.
In addition, the purpose of this Ordinance is to amend Section 15-43.11.C. of the Land Development Ordinance of the Township of Randolph to indicate that temporary political signs shall clearly state on the face thereof the name and business or residence address of the committee, group or person that financed the temporary political sign and shall contain a statement that the temporary political sign has been financed by that group, committee or person; and
The purpose of this Ordinance is also to amend Section 15-43.11.G. of the Land Development Ordinance of the Township of Randolph to provide one regulation governing both commercial temporary signs and banners, to amend Section 15-43.11.H. of the Land Development Ordinance of the Township of Randolph to address temporary signs and banners erected or applied by non-profit and public organizations and agencies and to delete Section 15-43.11.I. of the Land Development Ordinance of the Township of Randolph, because temporary signs or banners erected or applied by non-profit and public organizations and agencies are now governed by Section 15-43.11.H. of the Land Development Ordinance of the Township of Randolph.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey