28-502. FENCES AND WALLS
Fences and walls may be erected on a lot, subject to the following provisions:

A. General Requirements.

1. In a residential district, a fence or wall may be erected to a total height of four (4) feet above the ground, except that the supporting post may extend to a height of four and one-half (4 1/2) feet above the ground. However:

(a) Fences shall be no more than fifty (50%) percent solid;
(b) An estate fence may be erected to a height of six (6) feet above the ground, except that the supporting post may extend to a height of six and one-half (6 1/2) feet above the ground.

2. Along boundaries of residential and nonresidential districts, a fence or wall may be erected to a height of six and one-half (6 1/2) feet above the ground, except that the supporting post may extend to a height of seven (7) feet above the ground, to screen nonresidential activities from the view of abutting residences. Fences in this instance may exceed the restrictions contained in Section 28-502A.

3. Except where specifically prohibited under the terms of any other applicable ordinance or regulation of the Borough, nothing herein shall be construed to prohibit the use of hedges, trees or other planting anywhere on a lot.

4. Restrictions herein contained shall not be applied so as to prohibit the erection of a wall for the purpose of retaining earth or otherwise contouring or terracing the property.

B. Construction within Road Right-of-Way Prohibited. No private fence, wall or structure shall be erected within a public right-of-way.

C. Construction Appearance and Materials. All fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. All fences shall be uniform and symmetrical in appearance, shall have posts or columns separated by identical distances, except for deviations required by construction factors, and shall consist of materials conforming to a definite pattern unless waived in whole or in part by the Construction Official. No fence shall be erected of barbed wire, razor wire, topped with metal spikes or other sharp objects, nor constructed of any material or in any manner which may be dangerous to persons or animals, except barbed wire shall be permitted for qualified (under the State Farmland Assessment Act) farms.

D. Location within Sight Triangle. No fence, hedges, trees or other plantings shall be located within a required clear sight triangle.

E. Electrically Charged Fences Permitted. Electrically charged fences are permitted provided that the fence does not exceed six (6) feet in height, is attached to poles that do not exceed six and one-half (6 1/2) feet in height and is charged with a voltage that does not exceed one thousand (1,000) volts. Said fences are to be stained or painted dark brown, dark green or black to blend with landscaping. Poles, insulators and any attachments shall be painted the same color. Wires are not included in the painting requirement. No fence shall be erected on the front of the property, nor shall the fence encompass the entire property.

F. Mesh Deer Fences Permitted. Deer fences which are nonmetallic in appearance are permitted provided they do not exceed eight (8) feet in height above the ground, except that the supporting post may extend to a height of eight and one-half (8 1/2) feet above the ground. Deer fences and poles are to be dark brown, dark green or black to blend with the landscaping.
Deer fences shall be erected from the front edge of the house and may extend around the house to encompass the backyard. No deer fence shall be erected in the front of the property, nor shall the deer fence encompass the entire property, unless the deer fence is shielded from view from adjoining properties and the street by trees, shrubs and other natural conditions. In the case of a corner lot, this restriction only applies to that yard which the property owner designates as the primary front yard.

G. Temporary/Construction Fences. A temporary/construction fence may be erected for the duration of a construction project if required by the Borough or owner for safety reasons. The property owner must obtain a permit for the erection of a temporary construction fence and the temporary construction fence shall be removed upon completion of the construction.

H. Construction within Property Boundary Lines. All fences shall be constructed within property boundary lines.

I. Construction Enclosing and/or Crossing an Easement Prohibited. No fence or wall shall be constructed so as to enclose or cross a Borough easement or an easement in which there are public rights. Fences shall not be built within three (3) feet of any such easement.

J. Maintenance. All fences shall be maintained in a safe, sound and upright condition.

K. Existing Fences. The provisions of this Article shall apply to all fences hereafter constructed. Fences currently existing which violate any provision set forth herein shall not be reconstructed, repaired or replaced to an extent exceeding twenty percent (20%) thereof without the total fence being brought into conformity with the provisions hereof.

L. Swimming Pools.

1. Fences that meet the requirements of Section 28-502 and the minimum requirements for swimming pool fences under the Building Official and Code Administrators ("BOCA") International, Inc., as amended by the State of New Jersey Uniform Construction Code ("UCC") may be used.

2. Additionally, fences around a swimming pool are allowed to a maximum height of six (6) feet provided that the following conditions are met:

a. Fences around a swimming pool shall only be permitted in the rear yards and side yards of a lot, subject to compliance with the setback limitations applicable to principal structures.

b. The rear of the principal permitted structure may serve as part of the fence around a swimming pool.

c. Fences around a swimming pool must not be more than twenty-five (25) feet from the water's edge.

d. Fences around a swimming pool shall not be more than fifty percent (50%) solid.

M. Buffer Zones, Conservation Easement Areas and Conservation Areas. No fence shall be permitted in any area designated as a buffer zone, conservation easement or conservation area by any other part of the Code of the Borough of Watchung including, but not limited to, Sections 28-413E1 and 28-414E1.

N. Permits. In order to ensure compliance with the provisions of this Article, before any fence or wall is erected, a zoning permit and building permit, if required, must be obtained from the Building Construction Official and Zoning Official of the Borough. The request for permits shall be accompanied by a survey or plan, to show height and location of the proposed fence or wall in relation to all other structures or buildings and in relation to all streets, lot property lines and yards, and showing type and design of fencing materials. Any plan that includes construction within an easement shall be approved by the Borough Engineer prior to the issuance of the required permit. The zoning permit or building permit, if required, is conditioned upon the as-built conditions meeting the terms and conditions of the permit and this Article.

O. A chain-link fence up to a height of ten (10) feet from the ground may be erected around a sports court.
(Ord. No. OR:07/21 §§ 2–8; Ord. No. OR:09/01 § 28-502)

28-504. SIGNS

A. General Provisions. All signs hereafter erected or maintained shall conform with the provisions of this Article and the Uniform Construction Code of the Borough of Watchung. Any sign not specifically permitted is hereby prohibited.

1. Permits Required. It shall be unlawful for any person to erect or structurally alter any sign without first obtaining a permit and making payment of the fee required by the Uniform Construction Code of the Borough of Watchung. The erection or relocation of a freestanding sign as defined herein shall require minor site plan submission prior to issuance of any permit.

2. Reference to Zoning Districts. Except as otherwise provided, no outdoor sign or other form of exterior advertising shall be erected or maintained unless the sign complies with the requirements established in this Article for each zoning district.

B. Exempt Signs. The provisions and regulations of this Article shall not apply to the following signs:

1. Professional nameplate signs indicating the name and profession of the occupant of a dwelling, provided such signs do not exceed two (2) square feet. Said signs shall not be lighted between the hours of 9:00 p.m. and 8:00 a.m.

2. Temporary signs placed on windows in commercial establishments or on any other interior or exterior surface of commercial establishments covering no more than twenty-five percent (25%) of the total window area of any given side of the building. Such signs shall not be placed on establishment doors. Glass used in any such doors shall be excluded from calculations for total window area coverage under this section. Such temporary signs shall not be placed for periods exceeding thirty (30) days in duration.

3. Temporary signs of nonprofit and charitable organizations announcing a special event or function provided such signs do not exceed thirty-two (32) square feet. Such temporary signs shall not be placed for periods exceeding thirty (30) days in duration and shall be removed within five (5) days after completion of the event or function.

4. Bulletin boards not over sixteen (16) square feet in area for public, charitable or religious institutions when same are located on the premises of said institutions and located no less than twenty-five (25) feet from any lot line.

5. Signs denoting the architect, engineer or contractor, when placed upon work under construction, and not exceeding sixteen (16) square feet in area. Said signs shall be permitted for fourteen (14) days on any one (1) project while the work is under construction. Such sign shall be located no less than ten (10) feet from any lot line.

6. Memorial signs or tablets, names of buildings and dates of construction when cut into any masonry surface or when constructed of bronze or other incombustible metal.

7. Temporary signs indicating a political preference for a person and/or political party seeking election provided such signs do not exceed sixteen (16) square feet in area on any one (1) side. Said signs shall be placed no sooner than thirty (30) days prior to the election and shall be removed within five (5) days after the completion of the election.

8. Traffic directional signs as follows:

a. Official traffic and street signs.

b.  As shown on an approved subdivision or site plan map.

c. If no development plan is required, such sign shall be located no less than five (5) feet from edge of on-site pavement and have dimensions that do not exceed one foot by two (1 x 2) feet and shall not extend more than three (3) feet in height.

9. On-site real estate or lease signs not exceeding four (4) square feet in area and off-site real estate sales/directional signs not exceeding four (4) square feet in area, when erected and maintained in accordance with the requirements set forth in paragraphs E, F, and G in this section.

C. Prohibited Sign Features.

1. No sign shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the State of New Jersey, by any county or municipality thereof, or by a public utility or similar agency concerned with the protection of the public health or safety.

2. No neon sign or similar illustrated advertisement shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.

3. The following advertisements are specifically prohibited: any advertisement which uses a series of two (2) or more signs placed in a line parallel to the highway or in similar fashion all carrying a single advertisement message, part of which is contained on each sign.

4. No sign shall have flashing lights or exposed high flashing lights or exposed high intensity illumination.

5. No sign may be placed in such a position to cause a danger to traffic by obscuring visibility.

6. No sign may obstruct any window, or opening intended to provide light by more than twenty-five percent (25%) of the total window, or opening.

7. Exterior signs using moving parts or banners, spinners, pinwheels, flags, pennants or similar signs are prohibited, with the exception of clocks and weather information.

8. Signs visible from the street using the word "stop" or "danger" or any other word, phrase, symbol or character simulating a public safety warning or traffic signal.

9. Roof signs on buildings, structures and vehicles excluding commercial vehicles advertising the intended use.

10. Signs or advertising matter of an indecent or obscene nature as defined by law.

11. Except where specifically permitted, signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premise and any other signs unrelated to the premises on which the sign is erected.

12. Signs placed on trees, fences, utility poles or light poles, signs attached to other signs and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign, but nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.

13. Signs on vacant property, excluding commercial properties advertising future use, advertising a proposed use without Borough Planning or Zoning Board approval.

D. Prohibited Signs.

1. Billboards, outdoor display structures and signs mounted on trailers, platforms and atop vehicle(s). No existing billboard structure may be replaced.

2. Signs projecting more than three (3) feet from the wall of a building and all roof signs.

3. Signs other than officially authorized signs, tacked, pasted, painted or otherwise attached to poles, posts, trees, fences, sidewalks or curbs.

4. No sign other than official traffic control devices or street signs shall be erected within, or encroach upon, the right-of-way of any street unless authorized by other ordinances or regulations of the Borough.

5. Signs rotating or moving by mechanical means.

E. General Regulations.

1. Illumination. All signs shall be shielded to prevent the direct rays of illumination from being cast onto adjoining properties and approaching vehicles.

2. Location. No sign shall be located in a required buffer area.

3. Nonconforming Signs. Nonconforming signs shall not be enlarged, relocated, altered or rebuilt. Further failure to keep such signs in good repair for a period of six (6) consecutive calendar months shall constitute abandonment and the sign shall not be replaced or rehabilitated and shall be removed by the owner.

4. Maintenance of Signs. Signs and, in the case of permitted freestanding signs, the mounting area on the ground level beneath the sign, must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or unsightly. Any sign that is or shall become dangerous or unsafe in any manner whatsoever shall be repaired and made safe or shall be removed.

5. Permit Required. No temporary or permanent sign(s) shall be installed without first obtaining a temporary or permanent sign permit from the Zoning Officer, unless specifically exempted by this chapter.

6. Permitted Hours of Illumination. All signs may be illuminated during the hours of operation of that particular business but in no event later than 1:00 a.m. in the HD District and 10:00 p.m. in all other permitted districts.

F. Signs Permitted in R-R, R-A and R-B Districts.

1. Signs not exceeding one (1) square foot for entrances and exits to driveways or for warning or directional purposes.

2. Identification signs for schools, churches or similar public or quasi-public institutions, clubs, lodges, farms, estates or similar uses provided the area of such signs does not exceed twenty (20) square feet. No such sign shall be located closer than twenty-five (25) feet to a lot line.

3. Signs advertising the sale of products from a farm as defined in this chapter, when the products are grown or raised on the premises, provided the area of such signs does not exceed thirty-two (32) square feet. All such signs shall be located at least twenty-five (25) feet from the edge of pavement or ten (10) feet from a lot line, whichever is greater.

4. Windsocks, flags, holiday banners and wind chimes.

5. One (1) unlighted real estate sign, not over four (4) square feet in area, that is located on the building or lot that is advertised for sale or lease, provided that the same is removed within ten (10) days of the execution of a contract relative to the sale or lease of the property.

6. One (1) unlighted "garage sale" sign per lot that advertises a garage sale on that lot, provided that the sign is removed no later than the day after the end of the sale. Said sign shall not exceed four (4) square feet in area, shall not extend more than seven (7) feet above the ground, shall not interfere with the safe movement of vehicles on adjacent roads and shall not be installed more than five (5) days prior to the date of the sale. "Garage sale" signs placed off-site shall be subject to the same requirements stipulated in the sentence above as well as the following: (a) "garage sale" signs shall be situated only at intersections where a motorist must change direction to find the garage sale and provided that no more than one (1) "garage sale" sign shall be permitted at any single intersection; and (b) no "garage sale" sign shall be located at an intersection controlled by a traffic control signal.

7. Reserved.

8. Open House Signs. Open house signs shall be permitted in the Borough in accordance with the following conditions, limitations, and restrictions:

a. Open house events shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. and the open house signs shall be permitted only during the actual hours of the open house event.

b.  Each open house sign shall be no more than four (4) square feet in area, located so that the top of the sign is no more than two and one-half (2 1/2) feet from ground level, and placed or anchored on the ground in a manner that prevents the sign from being removed by any breeze, wind, or other forces of nature.

c. An open house sign shall only be located within the right-of-way of a municipal street at the intersection of said street with another street. The sign shall be set back from the paved cartway a minimum distance of three (3) feet and located so that visibility at the intersection is in no way diminished.

d. More than one (1) open house sign may be permitted for each open house event, provided that such signs are situated only at intersections where a motorist must change direction to find the open house event and provided further that no more than one (1) open house sign for each open house event shall be permitted at any single intersection. Under no circumstances, however, shall an open house sign be located at an intersection controlled by a traffic control signal. In addition to the foregoing, one (1) open house sign shall be permitted to be displayed at the property that is for sale, but only during the open house event and only in accordance with the same restrictions as are applicable to real estate signs referenced in paragraph 5 above.

e. The writing and symbols appearing on any open house sign shall be limited only to that necessary to assist the automobile-traveling public in locating the subject property in the Borough.

f.  All open house signs shall be nonilluminated.

g. Any person posting an open house sign shall be responsible for any damage to person or property caused by the placement or movement of the sign.

9. The maximum height of any ground freestanding sign shall not exceed four (4) feet except as exempted elsewhere in this chapter.

G. Signs Permitted in B-A, B-B, B-C, O-C, H-D and QU Districts.

1.  A sign shall identify only the business or use conducted on the premises except that one (1) directory freestanding sign in addition to business or use identity sign shall be permitted in accordance with paragraphs 5 through 8 below and that the height of a directory sign shall not exceed ten (10) feet.

2. Sign(s) attached to a wall of a building shall not exceed five (5) feet in vertical dimension nor exceed in width more than fifty percent (50%) of the width of the wall to which it is attached.

3. The sign area for signs attached to a wall of a building shall not exceed ten percent (10%) of the area of the wall to which the sign is attached. No one (1) individual sign attached to a wall of a building shall exceed one hundred (100) square feet in area.

4. Temporary signs covering any portion of the inside windows of grocery stores which have a gross floor area exceeding twenty thousand (20,000) square feet provided, however such signs shall not exceed fifty percent (50%) of the gross window area. The covering of windows located on doors is prohibited.

5. The maximum above ground height of any freestanding sign shall not exceed the lesser of eighteen (18) feet or the height of the principal building.

6. Freestanding signs shall not exceed fifty (50) square feet in area and shall be limited to one (1) per lot except for corner lots, for which one (1) sign per street frontage will be allowed provided the total street frontage exceeds three hundred (300) feet.

7.  No freestanding sign shall be located closer to a lot line than ten (10) feet (excluding the right-of-way line) or the height of the freestanding sign, whichever is greater.

8.  No freestanding sign shall be permitted in a side yard or rear yard.

9.  One (1) unlighted real estate sign, not over four (4) square feet in area, advertising the sale or lease of the building or lot upon which the sign is maintained, provided that the same is removed within ten (10) days of the execution of a contract relative to the sale or lease of the said property. One (1) unlighted garage sale sign, not over four (4) square feet in area, advertising a garage sale upon the lot which the sign is maintained, provided that same is removed immediately upon the end of the garage sale. "Garage sale" signs placed off site shall be subject to the same requirements stipulated in the sentence above as well as the following: (a) "garage sale" signs shall be situated only at intersections where a motorist must change direction to find the garage sale and provided that no more than one (1) "garage sale" sign shall be permitted at any single intersection; and (b) no "garage sale" sign shall be located at an intersection controlled by a traffic control signal.

10. The Zoning Officer may allow, on a individual basis and upon showing of substantial need, a limited number of unlighted real estate sale or lease, directional signs, and garage sale signs not over four (4) square feet in area, to be placed at locations approved by the Zoning Officer and for limited periods as also approved by the Zoning Officer.

11. Open House Signs. Open house signs shall be permitted in the Borough in accordance with the following conditions, limitations, and restrictions:

a. Open house events shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.; and the open house signs shall be permitted only during the actual hours of the open house event.

b. Each open house sign shall be no more than four (4) square feet in area, located so that the top of the sign is no more than two and one-half (2 1/2) feet from ground level, and placed or anchored on the ground in a manner so as to prevent the sign from being removed by any breeze, wind, or other forces of nature.

c. An open house sign shall only be located within the right-of-way of a municipal street at the intersection of said street with another street. The sign shall be set back from the paved cartway a minimum distance of three (3) feet and located so that visibility at the intersection is not diminished

d. More than one (1) open house sign may be permitted for each open house event, provided that such signs are situated only at intersections where a motorist must change direction to find the open house event and provided further that no more than one (1) open house sign, regardless of the number of open houses being conducted on a given day, shall be permitted at any single intersection. Under no circumstances, however, shall an open house sign be located at an intersection controlled by a traffic control signal.

e. The writing and symbols appearing on any open house sign shall be limited only to that necessary to assist the automobile-traveling public in locating the subject property in the Borough.

f. All open house signs shall be nonilluminated.

g. Any person or organization posting an open house sign shall be responsible for any damage to
person or property caused by the placement, removal or movement of the sign, and the removal thereof consistent with the terms of this chapter.

H. Signs Permitted in Regional Shopping Center Complexes.

All signs for a regional retail shopping complex shall adhere to a common architectural theme and may include the following:

1. A Regional Retail Shopping Complex may have two (2) internally illuminated freestanding signs identifying the name of the shopping complex and other information as may be approved by the Board having jurisdiction, with each sign not exceeding one hundred fifty (150) square feet on each side. Each free-standing sign may be attached to a decorative tower as may be approved by the Board. Each freestanding sign shall not exceed twenty (20) feet in height and each sign and any decorative tower to which it is attached shall be set back at least five (5) feet from the Blue Star Drive conservation easement and at least thirty (30) feet from all other property lines.

2. Where an individual activity occupying at least five hundred (500) square feet of net habitable floor area has direct access from the outside, an additional sign identifying the name of the activity also shall be permitted to be attached flat against the building at the entrance to the activity. The size of each additional sign shall be equal to one (1) square foot of sign area per one (1) linear foot of building frontage occupied by the activity.

3. Where the design of a regional retail shopping complex includes a roof over a common walkway along the front of a building, an additional sign identifying the name of an individual activity occupying at least five hundred (500) square feet of net habitable floor area may be suspended in perpendicular fashion from the roof over the common walkway. The size of the suspended signs shall be as determined by the Board. In any case, suspended signs shall be no closer than ten (10) feet at their lowest point to the finished grade below.

4. Additional signs may be approved by the Board to be situated within a regional retail shopping complex, provided that the aggregate square footage of all the signs within the regional retail shopping complex does not exceed the maximum aggregate square footage allowed hereinabove.

I. Signs Permitted in Commercial Zones. Within commercial areas, signs shall be coordinated so as to create an overall appearance of uniformity of style and color, and a proportionality of size and shape. In addition to the standards set forth in the general provisions of this Subchapter, signs within commercial areas for which a sign plan has not been approved by the Planning Board or Board of Adjustment, shall:

1. Comply with all sign regulations for the zone in which the commercial area is located; or

2. All signs within each commercial area shall comply with the area (square footage) restrictions.

3. Complement each other in material, shape, color and lettering style.

J. Awning Signs.

1. All frames are to be manufactured from tubular or shaped structural steel or aluminum with finishes or coatings as required to prevent against corrosion. The frame shall be designed to safely support wind and snow loads as specified in the latest adopted BOCA Code.

2. Vinyl fabric coverings are to be fourteen (14) ounces per yard minimum weight with certification as to tensile strength and flame resistance to meet industry and NEPA and BOCA codes.

3. Fasteners and/or structural attachments shall only be anchored to structural members of the building.

4. All electrical components and/or lighting equipment used in connection with an awning are to be labeled and rated for protective outdoor use and installed by a licensed electrical contractor.

5. Ceilings are optional and may consist of "egg crate," mesh fabric or solid plastic material. Removable panels or sections must be provided to allow access for service and cleaning.

6. All awning signs which project over or above backup walls are to be covered and weather protected with structural plastic, rustproof metal or aluminum.

7. Letter copy on awning signs is to be applied with manufacturer-approved processes.

8. Awning signs may be attached to buildings or structures with the following projection and height limitations:

a. Minimum clearance shall be eight (8) feet unless projecting over a vehicular right-of-way, in which case clearance must be at least fourteen and one-half (14 1/2) feet to avoid damage by trucks or other high vehicles.

b. If the structure has a fringe or valance such fringe or valance may hang below the ceiling line no more than twelve (12) inches.

c. Such signs shall be limited to single-story buildings or to the first level only of multi-story buildings.

d. Awning signs may be attached to buildings requiring property setbacks not to exceed property lines. In the case of buildings in shopping centers or multi-unit developments, such signs may not extend beyond curbs or extend into safety zones. In such installations, drainage gutters are required.

9. Only the copy area of awning signs shall be considered in the square footage limitations. The remaining portion should be considered as awning area only.
(Ord. No. OR:09/01 §  28-504)