a. Type of Pools.

1. Permanent underground.

2. Permanent above ground: above ground pools equipped with fences built above the top level of the pool.

3. Temporary above ground: above ground pools not equipped with fences built above the top level of the pool.

b. Lighting. All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations, and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.

c. Electric Lines. No overhead electric lines shall be carried across any swimming pool or wading area.

d. Noise. No activities shall be conducted at any private swimming pool which shall cause undue noise or constitute a nuisance to any neighbor.

e. Building Permit. When an application is made for a permit to construct and locate a private swimming pool, the applicant shall show an approval from the Board of Health of the Borough as to the suitability and adequacy of design, materials and construction or construction specifications of said pool, including all accessory equipment, apparatus and appurtenances thereto. The application for a private swimming pool building permit shall identify the building lot, the location of the residence, location of swimming pool, all accessory equipment and apparatus, type of pool, all basic dimensions, location of steps, diving stands, boards and location and detail specification of enclosure and gate on the lot.

f. Pool Location. An outdoor private swimming pool shall be located not less than eight (8') feet from the side or rear of the residence on a building lot, to the rear of the building setback line.

g. Pump Location. The pump of a filtration or pumping station of a private swimming pool shall be located not less than ten (10') feet from any side or rear property line.

h. Drainage. Private pools situated or extended above ground level and less than fifty (50') feet from an abutting property shall be surrounded by a suitable drainage system leading to a street or brook so as to be able to carry away all the water in the pool in the case of a break.

i. Enclosure.

1. Permanent underground pools shall be surrounded entirely by a fence, with no openings greater than a two (2") inch square, and capable of holding a live load of two hundred fifty (250) pounds between posts located not more than eight (8') feet apart; however, side(s) of the residence may serve as part of the enclosure. The fence shall be located not less than six (6') feet from the closest edge of the pool. Fences shall be at least four (4') feet high and if made of wire, they must be of the chain link type. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one (1") inch lower than the top of the fence.

2. Permanent above ground pools constructed with an attached fence being at least four (4') feet in height above ground level and capable of holding a live load of two hundred fifty (250) pounds between posts located not more than eight (8') feet apart needs no additional fencing.

3. Temporary above ground pools, when not in use, must be emptied or covered with a suitable protective covering securely fastened or locked in place unless enclosed by a fence meeting the requirements for a permanent underground pool.

j. Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two (2") inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and be equipped with a lock and key or padlock and chain, and shall be kept locked, except when the pool is in use.

k. Yard Setback Requirements. The yard setback requirements for the zoning district in which the property is located are applicable to the footprint of the external edge of the pool structure and improvement structures associated with the pool including, but not limited to, walkways, aprons, patios, platforms or decks adjacent to or associated with the pool or walkways; provided however, fencing around the pool is not subject to the structural set back requirements.

(Ord. #686, S 13-8.22; Ord. #1994-19, S 1)

a. General Requirements. Roadways and all appurtenances, including subgrade, subbase, base courses and pavements, shall be constructed in accordance with the applicable requirements of the Standard Specifications as modified herein. All subsurface utilities including service connections (terminating at least two (2') feet behind sidewalk) to each lot and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.

b. Type of Pavement. All roadways shall be constructed with either a bituminous concrete flexible pavement structure or a Portland cement concrete rigid pavement structure. Only one (1) type of pavement shall be utilized throughout any development.

c. Pavement Structure Design.

1. The pavement structure design for each particular development utilizing either a flexible or rigid pavement type shall be the responsibility of the developer or his engineer. The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Borough Engineer.

2. As a minimum requirements, rigid Portland cement paving shall be expansion joint type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction details of the New Jersey Department of Transportation, shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of six and one-half (6 1/2") inches for local, local collector and minor collector streets and eight (8") inches for other classifications. Flexible bituminous concrete pavements shall have an equivalent structural depth of at least ten (10") inches for local, local collector and minor collector streets; having a minimum wear surface of not less than one and one-half (10") inches of pavement, Type FA-BC-1, and a minimum bituminous stabilized base course of not less than three and one-half (3 1/2") inches and dense graded aggregate base course to provide the remaining depth; and an equivalent structural depth of at least fourteen (14") inches for other street classification, having a minimum wearing surface of not less than one and one-half (1 1/2") inches of pavement, Type FA-BC-1; a minimum bituminous stabilized base course of not less than five and one-half (5 1/2") inches, and a dense graded aggregate base to provide the remaining depth. Bituminous stabilized base may be substituted for aggregate base on a one to three (1:3) ratio (stabilized base to aggregate base) all in accordance with the applicable requirements of the Standard Specifications.

d. Subgrades. All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements. Prior to the construction of any subbase, base or pavement course, all soft or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted. The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the developer. In certain cases, special treatment may be required because of the character or nature of the subsoil. Such special treatment may include lime or cement stabilization, wet excavation, or construction of underdrainage fields. Any proposals by the developer to stabilize subgrade shall be subject to the approval of the Borough Engineer.

e. Subbase and/or Aggregate Base Courses. Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the Standard Specifications. Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as hereinbefore described. Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Dense Graded Aggregate Base Course, or I-4 or I-5 Soil Aggregate Portland cement concrete pavements must be constructed with a minimum of six (6") inches of a granular type subbase meeting the requirements of the Standard Specifications for Soil Aggregate, I-8 Soil Aggregate. Any subbase course of aggregate base course to he utilized with any type of pavement shall have a minimum thickness of four (4") inches.

f. Bituminous Base Course.

1. Bituminous base course for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the Standard Specifications, except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single lift maximum thickness not exceeding four (4") inches.

2. Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.

g. Bituminous Pavements. Bituminous pavements shall consist of a bituminous concrete surface course Type FA-BC-1, in accordance with the requirements of the Standard Specifications. The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall he inspected by the Borough Engineer. Any areas of the base course in need of repair shall be removed and replaced at the discretion of the Borough Engineer.

If the Borough Engineer directs, a leveling course of FA-BC material shall be placed on uneven or below grade base pavement surfaces. Bituminous concrete surface course shall not be placed unless permission to do so has been granted by the Borough Engineer.

h. Concrete Pavements. Concrete pavements shall be constructed in accordance with the requirements of the Standard Specifications. Expansion joints shall be New Jersey State Department of Transportation Type A Expansion Joints. The developer may submit, at the time of the submission of the preliminary plat, an alternate expansion joint detail. The use of such alternate detail must be recommended by the Borough Engineer and approved by the Municipal Agency; where existing concrete roadways are being widened as the result of the development of abutting properties, the widened pavement shall be required to be of Portland cement concrete. The remaining pavement. in the development may, if the subdivider elects, be bituminous concrete. This will be an exception to the requirements that all pavement constructed within a development be of one (1) type.

i. Alternate Pavement Types. In areas where alternate pavement types are proposed or desired either for decorative purposes, because of physical restrictions or existing conditions, or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of alternate pavement types proposed shall be submitted for approval with the preliminary and/or final plat. The use of alternate pavement types may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use, and if the Borough Engineer has inspected the installation of, and tested and approved a suitable sample section of such pavement. In the event the Borough Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this Chapter or such other alternate as may be approved by the Municipal Agency.

(Ord. #686, S 13-8.23)

a. When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating or generating purposes, outside or on top of any structure, they shall be screened from public view. Said screening may consist of the following:

1. Densely planted evergreen shrubs, which shall grow to not less than five (5') feet after one (1) growing season, and

2. A solid and uniform fence at least five (5') feet in height on four (4) sides of the equipment, or

3. A masonry wall at least five (5') feet in height on four (4) sides of said equipment, or

4. Extensions or parapet walls or mansard roof lines or structural or ornamental screens or baffles, or

5. Any similar types of solid err uniform screening, which will prevent exposure of such equipment public view.

b. The above requirements shall not ire construed prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.

(Ord. #686, S 13-8.24)

a. The design and construction or approval of all public systems for extensions of existing system(s), either publicly or privately owned, shall be under the jurisdiction of the Red Bank Borough Department of Public Utilities.

b. Prior to the approval of any final plat, the full approval of any sewage disposal system must have been obtained from the Red Bank Borough Department of Public Utilities and filed with the Municipal Agency, or the final approval will be conditioned upon full approval of the Red Bank Borough Department of Public Utilities.

(Ord. #686, S 13-8.25)

a. General Requirements.

1. Sidewalks shall be constructed on both sides of all streets within a development and entirely around the perimeter of all cul-de-sacs. Where the development abuts an existing street, the sidewalk shall be constructed at any other places, such as pedestrian walkways or access points to open space, as shown on or required at the approval of the final plat.

2. The requirements of the Standard Specifications regarding curing precautions must be strictly observed.

b. Location. Sidewalks within street rights-of-way shall generally be located with the sidewalk edge farthest from the roadway placed one (1') foot from the property line. Sidewalk not within street rights-of-way shall be located to provide for the most likely routes of pedestrian travel. In cases where the topography dictates or a proposed development provides for the extension of an existing street or abuts an existing street, where sidewalks have already been installed in a location other than as specified above or where such variations in sidewalk locations are needed to-preserve trees or natural features, the Municipal Agency may approve alternate sidewalk locations in order to provide for the preservation of physical features or the continuation of the existing sidewalks.

c. Sidewalk Construction. Sidewalks shall be four (4') feet wide and four (4") inches thick, except crossing driveways, where the thickness shall be increased to six (6") inches for residential uses and all drives to parking areas of less than fifty (50) spaces and to eight (8") inches for all other uses. Where the Planning Board determines that a sidewalk may be subject to unusually heavy pedestrian traffic it may require that its width be increased (to a maximum of eight (8') feet for residential uses and a maximum of fifteen (15') feet for commercial and mixed uses). All sidewalk construction shall be in accordance with the applicable requirements of the Standard Specifications. Concrete shall be Class C, air-entrained. Preformed bituminous cellular joint fillers one-half (1/2") inch thick shall be placed at intervals not exceeding twenty (20') feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at intervals not exceeding the width of the sidewalk.

The sidewalk subgrade shall be compacted prior to the placement of any sidewalk. All unsuitable material encountered in the subgrade shall be removed and replaced with suitable material acceptable to the Engineer. All six (6") inch or eight (8") inch sidewalk areas crossing driveways shall be reinforced at the midpoint or one-third (1/3) points, respectively, of the sidewalk section. Reinforcing shall be welded wire fabric (66-1212), or an equivalent approved by the Borough Engineer. The Engineer may also require the four (4") inch thick sidewalk be similarly reinforced if unsuitable ground conditions are encountered.

d. Apron Construction. Reinforced concrete aprons shall be constructed at all driveways between the concrete curb (or combination curb and gutter) and the concrete sidewalk. Such aprons shall be six (6") inches thick for residential uses and all drives to parking areas of less than fifty (50) spaces and to eight (8") inches for all other uses and shall be reinforced with welded wire fabric (66-1212), or an equivalent approved by the Borough Engineer, located at the mid-point or one-third (1/3) points, respectively, of the apron section. Concrete shall be Class C, air-entrained. The width of the apron at the curbline shall be not less than the width of the driveway plus ten (10') feet or a minimum of twenty (20') feet, whichever is greater.

e. Driveway Depressions. At each driveway without curb return radii, the concrete curb or combination curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway plus ten (10') feet, but not less than twenty (20') feet. At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii. The depression shall be smoothly formed to maintain a lowered curb face across the depression of at least one (1") inch, but not more than two (2") inches. The bottom of the curb shall be lowered to maintain full curb depth across the depression.

f. Alternate Sidewalk or Apron Types and/or Locations. In areas where alternate sidewalk or apron types and/or locations are proposed or desired, either for decorative purposes or because of physical restrictions or existing conditions, a detail of the type and/or location of sidewalk and apron proposed shall be submitted for approval with the preliminary and/or final plat.

Continuous slip-formed sidewalks may be permitted if such is considered to be desirable by the Borough Engineer. The use of continuous slip-formed sidewalks may only be permitted if the applicant submits, for review and approval, details and specifications concerning the equipment, materials and methods proposed for use; and if the Borough Engineer has inspected the installation and tested and approved a suitable sample section of such sidewalk. In the event the Borough Engineer does not approve the sample section of continuous slip-formed sidewalk, the developer shall remove the sample section and replace it with a type of sidewalk permitted by this Chapter or such other alternate as may be approved by the Municipal Agency.

g. Curb Ramps for the. Physically Handicapped. Curb ramps for the physically handicapped shall be constructed on all street curb returns and where appropriate, in parking areas. In general, two (2) curb ramps shall be constructed at each corner (See Figure No. 7A). A single ramp at the center of the corner is acceptable when site conditions preclude the use of the two (2) ramp system (See Figure No. XIV).

Curb ramps for the physically handicapped shall be constructed in accordance with the standards shown on Figures No. XIII and XIV. If there is a grass or landscaped area between the curb and the sidewalk, side ramps need not be provided. Curb ramps shall be provided at all four (4) corners of full intersections and at the two (2) corners plus a location across the street from both of the ramps at "T" intersections.

The developer shall submit a detailed intersection grading plan for approval of the Borough Engineer prior to installation of the curbs, sidewalks and curb ramps at the intersection.

Curb ramps shall be constructed with a rough broom finish in accordance with New Jersey Department of Transportation specifications and shall be flush with the street pavement at the gutter line.

(Ord. #686, S 13-8.26)

All signs shall conform to the provisions of this section and to the applicable requirements of the New Jersey Uniform Construction Code.

a. General Objectives.

1. To protect the public health, safety and welfare by restricting signs which impair the public's ability to receive information, violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision.

2. To encourage signs which promote a desirable visual environment through creative yet orderly design arrangements.

3. To encourage signs which aid orientation, identify activities, describe local history and character or serve other educational purposes.

4. To encourage the replacement of nonconforming signs by conforming signs through the strict enforcement, of the procedures and requirements of this section.

b. Application Procedures.

1. Application for Development Permit.

(a) Application shall be made to the Administrative Officer for the issuance of a development permit by any person wishing to erect, alter, modify, or expand any sign, except "Minor Signs" as described in Subsection 25-8.27d.1.

(b) If the Administrative Officer determines that a sign requires the issuance of a development permit and is an "exempt development," the Officer shall issue a development permit. The applicant may then apply for a sign construction permit and any other permits that may be required.

(c) If the Administrative Officer determines that the proposed sign is not an "exempt development," the Officer shall instruct the applicant that Planning Board or Board of Adjustment, approval of an Application for Development is required and the Officer shall further advise the applicant which Board has jurisdiction in accordance with the following schedule:

2. Content of Application for Development. All applications for development which involves only signs shall be submitted in accordance with the requirements of Subsections 25-6.4 and 26-6.6.

c. General Standards. The following general standards shall apply to all signs:

1. Prohibited Signs. All signs not specifically permitted are prohibited.

2. Signs to Relate to Use of Property. All signs, unless specifically stated otherwise in this section, shall relate to the use or occupancy of the property upon which the sign is located.

3. Modification of Graphic Content. The graphic content of a sign may be modified without obtaining a development permit, provided that the proposed graphic content complies with all applicable provisions of this section, except that any condition of approval contained in a resolution of either the Planning Board or Board of Adjustment, which specifies graphic content of the sign, shall require that a new or amended approval be issued by said Board prior to graphic content modification.

4. Illumination.

(a) Unless specifically stated otherwise in this section, all signs may be either internally or externally illuminated in accordance with the standards found in Subsection 25-5.28e.12.

(b) An illuminated sign located on a lot adjacent to or across the street from any residential district and visible from such residential district shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. unless the use to which the sign pertains is open for business during those hours.

(c) No sign shall contain blinking, flashing, flickering, tracer or sequential lighting and shall remain stationary and constant in intensity and color at all times.

(d) All wiring for permanent illuminated signs shall be installed and maintained so that it is not within public view. The running of wiring or conduit along the exterior wall of a building to access a sign is specifically prohibited except that the Construction Official may permit exterior conduit if in the judgment of the Official there is no practical way to run the conduit so that it is not within public view.

(e) Intensity of Illumination. For purposes of illumination, existing areas are classified as either "low" or "high" illumination areas. A low illumination area is defined as places where at night the average maintained footcandle level is equal to or less than 1.5 f.c.

A high illumination area is defined as places where at night the average maintained footcandle level is greater than 1.5 f.c.

(1) For externally lighted signs the following shall apply:

(2) For internally lighted signs the following shall apply:

5. Obstruction of Access Ways. No sign or sign structure shall obstruct a fire escape, door, window, or other required access way. No sign shall be attached to a standpipe or fire escape, except those signs required by the Municipal Authority.

6. Obstruction of Window Surface. No sign shall project over, occupy or obstruct any window surface required for light or ventilation by any application by any applicable law, ordinance or regulation.

7. Traffic Safety.

(a) No sign shall be maintained at any location where by reason of its position, size, shape, content or color, it may, in the opinion of the Chief of Police, obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic.

(b) No sign which uses the words "Stop," "Look," "Caution," "Danger," or any similar wording, which may confuse or mislead the public, shall be permitted.

(c) No sign, nor any part of a sign, shall obstruct the sight triangle required by Subsection 25-5.7.

8. Signs in Rights-of-Way. No sign or any part of a sign, except Type J or U signs or publicly owned or authorized signs, shall be placed in or extend into or over any public right-of-way.

9. Sign Permanency. All signs shall be securely affixed in a permanent manner to either the ground or building, unless specifically stated otherwise in this section.

10. Signs Affixed to Certain Structures. No sign shall be affixed to any roof, tree, fence, utility pole, or other similar structure nor placed upon motor vehicles which are continually or repeatedly parked in a conspicuous location to serve as a sign, however, nothing is intended to prohibit the placement of signs not exceeding three (3') feet in any dimension, directing traffic or identifying various parking locations within a lot on light poles and utility poles erected therein. Signs painted on pavement, surfaces shall be restricted to traffic control markings only.

11. Advertising Flags, Banners, Pinwheels. No advertising flags, banners, pinwheels, portable signs, or similar advertising devices shall be permitted, except in accordance with Subsection 25-8.27e,2., or as directed or authorized by the municipality.

12. Animated or Moving Signs. No animated or moving signs shall be permitted, except for the required movement of time and temperature displays.

13. Painted Signs. No sign may be painted directly on the surface of any building, wall, fence or similar structure.

14. Sparkling and Glittering Signs. No sign may utilize reflection enhanced or fluorescent colors or contain any material which sparkles, reflects or glitters, however, nothing herein is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a propery.

15. Sign Measurement.

(a) Area to be included. The supporting structure or bracing of a sign shall be omitted in measuring the area of the sign unless such structure or bracing is made part of the message or sign face and provided that such structure or bracing has a total horizontal projected width less than twenty (20%) percent of the sign width or six (6") inches. Where a sign has two (2) sign faces back-to-back and parallel to each other, the area of only one (1) face shall be included in determining the area of the sign.

(b) Area of signs with backing. The area of all signs with backing shall be measured by computing the area of the sign backing.

(c) Area of signs without backing. The area of all signs without backing shall be measured by computing the area of the smallest geometric figure which can encompass all words, letters, figures, emblems and other elements of the sign message with a clearance of at least four (4") inches from any such element.

(d) Area of signs with and without backing. The area of all signs formed by a combination of elements with and without backing shall be measured by combining the area of such elements measured in accordance with the foregoing subparagraphs.

(e) Permitted shape appurtenances to sign area. Notwithstanding the restrictions found elsewhere in this section concerning sign face shape and area, sign shape appurtenances, in accordance with the following standards, shall be permitted and excluded from the computation of permitted sign area.

Permitted Sign Shape Appurtenances Applicable to Sign Types as indicated in Schedule "A."

(1) Sign appurtenances shall be permitted only when designed as an integral part of the sign, constructed of similar materials, and graphically compatible in color, shape, position, and scale with the permitted sign face.

(2) Sign appurtenances cannot increase the proposed sign area by greater than fifteen (15%) percent.

(3) Sign appurtenances cannot extend above or below the sign face by a distance greater than twenty-five (25%) percent of the sign face height.

(4) Sign appurtenances cannot project outward beyond the face of the proposed sign.

(f) Height of Signs. Sign height shall be measured between average grade and the highest point of the highest element of the sign.

16. Multiple Sign Faces. No sign may contain more than one sign face, except that two (2) sign faces backto-back and parallel to each other (no angle between sign faces) (commonly known as a double faced sign) shall be permitted. No double faced sign shall be greater than eighteen (18") inches in thickness as measured between sign faces.

17. Graphic Content Coverage. The maximum coverage of any sign face by graphic contents shall not exceed sixty (60%) percent.

18. Billboards. Billboards, as defined in Subsection 25-2.3 shall not be permitted within the Borough. Billboards existing prior to adoption of this section shall be permitted and, may be repaired and maintained as required but may not be enlarged or moved from their foundation or support footings. No replacement of a billboard shall be permitted upon removal or demolition of an existing billboard.

d. Permitted Signs.

1. Minor Signs. The following signs shall be considered minor signs and shall be exempt from the requirement of obtaining a development permit.

(a) Governmental signs; erected or authorized by a governmental unit.

(b) Nameplate signs; provided that such signs are limited to no more than one wall or ground sign per occupancy; are no more than seventy-five (75) square inches in area; are nonilluminated, or externally illuminated; and, if a ground sign are no more than three (3') feet in height.

(c) Warning signs; provided that such signs are limited to no more than two (2) wall or ground signs per occupancy; are no more than three (3) square feet in area each; are nonilluminated; and if a ground sign are no higher than three (3') feet in height.

(d) Construction signs; provided that such signs are limited to no more than one wall or ground sign per parcel; are no more than thirty-two (32) square feet in area; are nonilluminated; and are maintained for no more than fourteen (14) days following the conclusion of the construction in question.

(e) Non-illuminated window signs visible in windows of business uses abutting a public roadway or parking facility; provided that the total graphic content coverage area of a window sign shall not exceed twenty (20%) percent of the area of the window in which it is exhibited and the aggregate area of all window signs shall not exceed fifteen (15%) percent of the total window area of all windows containing any signs provided; however, that a minimum of twenty (20) square feet of window signs will be permitted regard- less of window area covered.

(f) Special events signs; provided that there are no more than three (3) places in any business at any given time and they are non-illuminated and are maintained for a period of no longer than forty-five (45) days before the applicable event nor more than three (3) days after such event.

(g) Real estate signs; provided that such signs are limited to no more than one wall or ground sign per property; are not more than six (6) square feet in area per residential lot or ten (10) square feet in area per non-residential lot; are no higher than six (6') feet if a ground sign. Use of the word "sold" or any other notation to indicate that the real estate is no longer on the market is specifically prohibited.

(h) On-site informational signs; provided that each sign is limited to a wall, window or ground sign of not more than two (2) square feet in area and not more than seven (7') feet in height above grade. The sign may include a business name or logo but shall not include any advertising message. In locations where more than one business share a common vehicular access, signs marking entrances and exits shall contain only the name of the shopping or business center. Multiple signs identifying each tenant or use are specifically prohibited.

(i) Flags and emblems of a government or of a political, civic, philanthropic, educational or religious organization.

(j) Private sale ane event signs; provided that such signs are no more than six (6) square feet in area; are located entirely on the premises where such sale or event is to be conducted or on other private property pursuant to the owner's consent; are clearly marked with the name, address and telephone number of the person responsible for the removal of such sign; are erected not more than thirty-six (36) hours in advance of such sale or forty-five (45) days in advance of such event; and are removed on the day following the conclusion of such sale or event. No more than four (4) signs may be placed on any business property nor more than one on any residential property.

(k) Portable signs but only for motor vehicle service stations and subject to these restrictions:

(1) Maximum size forty-eight by sixty (48" X 60") inches.

(2) Maximum two (2) per motor vehicle service station.

(3) May only display price or special sale information.

(4) May only be displayed when station is open for business.

(l) Traffic signs and signals. Temporary or permanent traffic signs and signals installed or authorized by the Borough, County, or State for the purpose of directing and regulating the flow of traffic.

(m) Public transportation signs. Signs indicating public transportation stops when installed or authorized by the Borough or a Public Transportation Authority or agency.

(n) Vacated property signs. Provided that only one such sign shall be provided either affixed to a building wall or located within a window; not exceeding six (6) square feet in area; nor displayed for longer than sixty (60) days following vacating the property.

(o) Signs on machines. Signs which are an integral part of vending machines, including gasoline pumps, milk and ice machines, provided that they do not collectively exceed three (3) square feet in area per machine.

(p) Interior signs. Signs which are located within buildings and not within eighteen (18") inches of a window visible from a public street or public parking facility.

(q) Political signs. Such signs shall not be more than fourteen (14) square feet in area per lot. Signs shall be located entirely on private property pursuant to the owner's consent and shall be clearly marked with the name, address and telephone number of the person responsible for the removal of such signs. Political signs directed towards elections shall be removed within fourteen (14) days following such election.

(r) Special sales signs, meeting the restrictions of Subsection 25-8.27e.2(a), paragraphs (1) and (2), displayed not more than three (3) days prior nor three (3) days after these "sale" days:

(1) Washington's Birthday.

(2) Columbus Day.

(3) Any "sale day" or group of "sale" days designated as such by resolution of the Borough Council.

2. Exempt Signs. The following signs, when listed as a permitted accessory use in a specific zone as stated in Section 25-10 and, conforming in all respects to the details for each sign type, shall be considered an "exempt development" under this section:

Sign types A, B, G1, G2, G3, G4, W1, W2, W3, P1, R1, R2, R3 (see Schedule "A") when not requested as part of an application for site plan, subdivision, or conditional use approval before the Planning Board or Board of Adjustment.

3. Non-Exempt Signs. The following signs are not exempt and require development permit approval:

(a) Signs that are not listed as a permitted accessory use in the zone.

(b) Signs that do not conform, in all respects, to the details and design standards for the particular type.

(c) Signs that require the issuance of a conditional use permit in accordance with the standards specified in Subsection 25-9.18, including sign types R-C1, P-C1, W-C1, W-C2, G-C1, G-C2, G-C3.

(d) All signs when requested as part of an application for site plan, subdivision, or conditional use approval before the Planning Board or Board of Adjustment.

(e) Signs not permitted.

4. Variances and Waivers. The Administrative Officer shall observe the following in determining the need for approval of variances and waivers in connection with development applications for signs:

When the sign is indicated on a plat which is part of a site plan, variance or subdivision application, the provision of Subsection 25-8.27b.1(c) shall control with respect to paragraphs (c) and (d) above.

e. Sign Classification.

1. Type "A" Signs. The following signs shall be considered Type "A" signs:

(a) Memorial Signs; provided that such signs are limited to no more than one wall or ground sign per occupancy; are made of durable materials, such as bronze, stone or concrete; are no more than four (4) square feet in area; and are non-illuminated.

(b) Historical or Architectural Designation Signs; provided that such signs are limited to no more than one wall or ground sign per occupancy; are no more than six (6) square feet in area; are not illuminated and contain no commercial advertising.

(c) Religious Institution Bulletin Signs; provided that such signs are, limited to no more than one per site; are no more than 20 square feet in area and are no greater than six (6) feet in height.

(d) Multiple-Family Identification Signs. Identification signs accessory to a multiple-family dwelling; provided that such signs are limited to no more than one wall or ground sign per building; are not more than six (6) square feet in area each; and if a ground sign are not more than five (5') feet in height.

(e) Home Occupation Signs; provided that such signs are limited to no more than one wall sign per occupancy; are no more than one square foot in area; and are non-illuminated.

(f) Housing Development Signs. Signs in conjunction with each housing development as follows:

(1) At the main entry to the development, one non-illuminated ground sign which shall state the name of the development and no other advertising message. The sign shall not exceed twenty (20) square feet in area nor six (6') feet in height.

(2) At the sales or rental office of the development, one externally illuminated or non-illuminated ground sign, advertising the office, not to exceed ten (10) square feet in area nor four (4') feet in height.

(3) Path marking signs, the sole purpose of which is to direct the public to the housing development. Four (4) temporary, non-illuminated ground signs may be located within the Borough on private property subject to written authorization of the property owner. Each sign shall not exceed eight (8) square feet in area and six (6') feet in height. Path marking signs shall be permitted for a period of six (6) months and may be renewed for additional periods of six (6) months during the construction period.

(g) Signs erected in conjunction with a conditional use permitted within the zone, subject to the sign standards specified in Section 25-9 "Conditional Uses."

2. Type "B" Signs. The following signs shall be classified as Type "B" signs:

(a) "Special Sales Signs" subject to these restrictions:

(1) Total of all signs (including window signs) may not occupy more than forty (40%) percent of the signable area or one hundred (100%) percent of the window area within the signable area, whichever is greater.

(2) Window signs may occupy any portion of any window subject to Subsection 25-8.27c.6.

(3) May be displayed for an aggregate period of not more than thirty (30) days (exclusive of those periods permitted by Subsection 25-8.27d.1(r) in any twelve (12) month period.

(b) Awning signs containing only the name of the business, logo, and street number, restricted to the drop-leaf (fringe) of the awning and occupying an area no greater than forty (40%) percent of the total drop-leaf area. The dropleaf of any awning used as an awning sign shall not exceed ten (10") inches in height. No portion of an awning, other than the drop-leaf (fringe) may be used as a sign.

3. Other Signs. All other permitted signs shall be classified as indicated in Schedule "A" attached hereto and made a part hereof. Also attached and made a part hereof is Schedule A-1, Selected Historical Colors, which supplements Schedule A. (Ord. #686, S 13-8.27; Ord. #1988-21, SS 8, 9; Ord. #1992-28, S 1; Ord. #1999-6, S 6; Ord. #2002-17, S 1; Ord. #2003-41 2)