AGENDA | MINUTES
BOARD OF COMMISSIONERS
December 31, 2003

ORDINANCES:

RESOLUTIONS:

1. Authorization to Make Budget Transfers

2. Authorization to Cancel 2003 Budget Appropriations

3. Authorization to Close out Petty Cash

4. Authorization to Cancel Taxes

[back to top]

December 31, 2003

A regular meeting of the Board of Commissioners of the Borough of Haddonfield was held on the above date at 8:00 p.m. in room 102 of the Borough Hall, Haddonfield, New Jersey.

A.

Announcement by Mrs. Colombi:

That the Annual Notice has been filed with the Retrospect stating the time, date and locations of all meetings in accordance with the Open Public Meetings Act.

Present: Commissioners Colombi, Reisner and Tarditi.

B.

Pledge of Allegiance, followed by a Moment of Silence.

C.

Moved that we waive the reading of the minutes of the previous meeting and approve them as written and posted.

D.

1. Auth. to Make Budget Transfers December 31, 2003

RESOLVED, by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that the following transfers of 2003 Budget Appropriations be made:

1. Auth. to Make Budget Transfers December 31, 2003

RESOLVED, by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that the following transfers of 2003 Budget Appropriations be made:

Current Fund

The foregoing resolution was adopted by the following vote: Ayes, Commissioners Colombi, Reisner and Tarditi. Nays, none.

2. Auth. to Cancel 2003 Budget Appropriations December 31, 2003

RESOLVED by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that the following 2003 Budget Appropriations be cancelled and transferred to Budget Operations Account.

The foregoing resolution was adopted by the following vote: Ayes, Commissioners Colombi, Reisner and Tarditi. Nays, none.

3. Auth. to Close out Petty Cash December 31, 2003

RESOLVED, by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that a check be drawn on the Current Account, payable to Janet G. Betley, Treasurer in the amount of THIRTY THREE DOLLARS AND TWENTY-FIVE CENTS ($33.25) to close out Petty Cash.

The foregoing resolution was adopted by the following vote: Ayes, Commissioners Colombi, Reisner and Tarditi. Nays, none.

4. Auth. to Cancel Taxes December 31, 2003

BE IT RESOLVED, by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that taxes be cancelled on Block 113, Lot 1.01. This property paid taxes for first half of the year on Block 888 Lot 888 which is not an actual block and lot. Taxes to be cancelled are for $3,177.20.

BE IT FURTHERRESOLVED that taxes be cancelled on Block 10.06, Lot 27. This lot has been combined with Lot 26 for the year 2003 where all taxes were paid. Taxes to be cancelled are for $648.60.

BE IT FURTHERRESOLVED that the taxes be cancelled on Block 40, Lot 15.01. This lot has been combined with Lot 2 for the year 2002 where all taxes where paid. Taxes to be cancelled are for $84.00.

The foregoing resolution was adopted by the following vote: Ayes, Commissioners Colombi, Reisner and Tarditi. Nays, none.

No Public Comment.

AGENDA | MINUTES
BOARD OF COMMISSIONERS
December 23, 2003

• Call to Order and Announcement of Public Meetings (In accordance with the Open Public Meetings Act, notice of this meeting has been sent to the Retrospect and posted on the bulletin board in the Borough Hall)

ORDINANCES:

D. Ordinance Extending the Expiration Date of Ordinance #1841 – Second Reading

E. Ordinance Amending Ordinance #1161 to

Create New Sign Regulations – First Reading

F. Ordinance Amending Ordinance #1161 to

Create New Outdoor Eating Facilities Regulations – First Reading

G. Ordinance Amending Ordinance #1742 to

Create New Merchandise Display Regulations – First Reading

H. Ordinance Creating Special Improvement District – First Reading

RESOLUTIONS:

MOTIONS:

1. Motion to Hold Special Commission Meetings

PUBLIC COMMENT

Minutes 12.23.03

A regular meeting of the Board of Commissioners of the Borough of Haddonfield was held on the above date at 8:00 p.m. in room 102 of the Borough Hall, Haddonfield, New Jersey.

A.

Announcement by Mrs. Colombi:

That the Annual Notice has been filed with the Retrospect stating the time, date and locations of all meetings in accordance with the Open Public Meetings Act.

Present: Commissioners Colombi, Reisner and Tarditi.

B.

Pledge of Allegiance, followed by a Moment of Silence.

C.

Moved that we waive the reading of the minutes of the previous meeting and approve them as written and posted.

D.

An Ordinance by Mrs. Colombi:

SECOND READING December 23, 2003

AN ORDINANCE EXTENDING THE EXPIRATION DATE OF ORDINANCE #1841 REGULATING DOGS UNDER CERTAIN CIRCUMSTANCES IN THE BOROUGH OF HADDONFIELD

The foregoing Ordinance was set forth in the minutes of the meeting of December 9, 2003 and was read in full and a public hearing was held thereon. After the public hearing the Ordinance was adopted by the following vote: Ayes, Commissioners Colombi, Reisner and Tarditi. Nays, none.

E.

An Ordinance by Mr. Tarditi:

FIRST READING December 23, 2003

AN ORDINANCE TO AMEND ORDINANCE #1661 KNOWN AS THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF HADDONFIELD, COUNTY OF CAMDEN, STATE OF NEW JERSEY TO REMOVE CHAPTER 1700 ENTITLED “SIGN REGULATIONS” AND TO CREATE A NEW SIGN REGULATION ORDINANCE

WHEREAS, it had been determined that it would be in the best interests of the Borough of Haddonfield to streamline the process for approval of business signs within the commercial and office zoning districts; and

WHEREAS, it has also been determined that business sign regulations should no longer be part of the Land Development Ordinance and should be solely regulated by the terms of this Ordinance.

THEREFORE, the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, does hereby ordain as follows:

SECTION I:

Ordinance # 1661 known as the Land Development Ordinance of the Borough of Haddonfield, is hereby amended as follows:

A. Chapter 1700 entitled “Sign Regulations” is hereby deleted in its entirety.

B. Chapter 1000 entitled “Fees, enforcement and Penalties, Zoning Officer” is amended to delete sub-section 1001, paragraph A, item 10 related to signs.

SECTION II:

Signs in the Borough of Haddonfield shall be regulated as follows:

SIGN REGULATIONS

1. APPLICABILITY

In the Borough of Haddonfield, signs shall be erected, altered, maintained, used, removed, re-lettered or moved only in compliance with the provisions of this Ordinance.

2. DEFINITIONS

A. Applicability of Definitions

Words defined in Section 200 of the Land Development Ordinance shall apply to this Ordinance in addition to the following definitions more specifically applicable to this Ordinance:

B. Additional Definitions

Banner: A temporary sign located on a public building, on a building belonging to a house of worship, or a charitable, fraternal, or eleemosynary organization or agency, or stretching across a public right of way (and erected and maintained with the permission of the Governing Body), which temporary sign promotes an activity, event or festival of a governmental agency, house of worship, or charitable, fraternal or eleemosynary organization or agency, or otherwise promotes the public good.

Commercial Information Sign: A sign or decal located on, in, or visible through a window of an office, business or retail establishment which informs the public that the establishment accepts certain credit cards, is protected by a certain security agency or alarm system, has certain hours of operation, is a member of certain professional or business associations, or provides similar information.

Deviations: Approvals by the Planning Board for a sign permit, following an appeal from the Historic Preservation Commission, for items not specifically provided for by the sign ordinance.

Double Sided Sign: A sign with two back-to-back faces and identical on both sides. It shall be measured by using the area of only one side of the sign. Where a sign with two back-to-back faces has non-identical sides, it shall be considered two signs.

Free Standing Sign: A sign that is not attached to any building. A sign that is mounted on a post is a free standing sign.

Flag:Flags mean and include a display of cloth or fabric with symbols, icons, and/or designs which is affixed to a flag pole that is free standing or mounted to the exterior of a building. The field of the flag shall not include words, logos, trademarks, or other such commercial symbols or expressions. Plastic shall not be used for a flag. Pennants and windsocks are considered to be flags.

Functional Sign: A sign that provides directional, informational, safety or public service information, such as, but not limited to, a sign indicating the location of public rest rooms, telephones or similar facilities of public convenience, or providing a place for the posting of public announcements. A functional sign shall not include any commercial name or commercial message, except as hereinafter expressly permitted.

Historical Identification Sign: A sign or marker identifying an historic structure or site, and providing information about the significance of the structure or site, and posted by a governmental entity or agency, or by the Historical Society of Haddonfield, the Camden County Historical Society, the New Jersey Historical Society, the Daughters of the American Revolution, or the Haddonfield Historic Preservation Society.

Institutional Sign: A sign for any formally organized house of worship, any charitable, fraternal or eleemosynary organization or agency, or any public school or public building.

Internally Lighted Sign: A sign with the source of artificial illumination within the sign and behind the text or message.

Interim Business Sign: A sign provided for new businesses pending approval of their formal sign application.

Legal Nonconforming Sign: A sign for which a valid sign permit has been granted prior to the effective date of this Ordinance, or which predates any regulation of signs in the Borough of Haddonfield.

Mobile Sign: An exterior temporary sign, with or without wheels, that is portable. A sign meeting the definition of Temporary Exterior Advertising Sign shall not be considered to be a Mobile sign.

Official Sign: A sign erected, constructed or maintained by a federal, state, county or local government, or any agency thereof, or by any licensed public utility, for the purpose of informing or guiding the public, or for the protection of the public health, safety or welfare, or for the public's convenience.

Off Site Sign: A sign located on a tax lot other than the lot occupied by the use, event or product which the sign identifies.

Political Sign: A sign expressing support for or opposition to a candidate for public office, an opinion about any public figure, or expressing support or opposition to a particular idea or belief.

Private Parking Sign: A sign providing directional or safety information and serving a parking area that is privately owned and reserved for the use of certain employees, patrons or other persons serving the premises.

Professional Sign: A sign that identifies the location of the office of a member of a recognized and legal profession maintained for the conduct of that profession, including attorneys, certified landscape architects, chiropractors, dentists, physicians, podiatrists, professional engineers, professional planner, psychologists, registered architects, certified public accountants, and no others.

Real Estate Sign: A sign of an owner of real property or of a licensed real estate broker that indicates that a particular parcel or portion of real property is available for sale or lease.

Residential Sign: A sign at a place of residence, which may set forth the names of the residents, the address and street name, and also may include a logo or symbol.

Sign: A lettered board or other display, or any portion thereof, on which any announcement, declaration, demonstration, logo, presentation, illumination or insignia is used to promote the interest of any person.

Storefront: A separate and individual volume for one office, commercial or business use, which has its own frontage on a public right of way, which is on a tax lot with other storefronts or uses, and which is occupied by a use or entity that is distinct and separate from the uses or entities occupying the rest of the tax lot.

Temporary Sign: A sign that is not permanently attached to a building, structure, post or land, and which is designed or intended to be displayed for a limited period of time.

Temporary Interior Advertising Sign: A temporary sign advertising or describing a sale or the availability of particular merchandise or services, which is located in the interior of a business or retail establishment, and which is primarily intended to attract the attention of persons outside the business or retail establishment.

3. GENERAL REGULATIONS

A. Sign Content:

A sign may include only the following information:

1. The principal name of the business, proprietor or owner.

2. A description of the principal goods, services, products or uses offered in trade, which description shall not exceed three words.

3. A logo or trademark by which the business, proprietor or owner is identified.

4. The street number.

5. The street name, and

6. Any other notice or information required to be provided by law or regulation.

B. Number of Signs:

1. There shall be no more than one (1) sign per tax lot, except as follows:

a. Where there is more than one building, office or storefront on one tax lot, one (1) sign per building, office or storefront shall be permitted.

b. Where more than one (1) sign per tax lot is expressly permitted by this Ordinance.

c. Where a waiver has been granted by the Historic Preservation Commission or the Planning Board pursuant to this Ordinance to permit more than one (1) sign.

2. The following signs shall not be counted as signs for the purpose of determining the number of signs on a site under this subsection:

a. Banners.

b. Commercial informational signs.

c. Functional signs.

d. Historical identification signs.

e. Official signs.

f. Political signs.

g. Private parking signs.

h. Temporary signs.

i. Temporary interior advertising signs.

C. Location of Signs:

A sign must be on the tax lot, building or storefront with which it is identified, unless a waiver has been granted by the Historic Preservation Commission pursuant to this Ordinance. No signs shall be allowed for or on accessory buildings.

D. Maximum Size of Signs:

The total area of all signs, except for Banners, Commercial informational signs, Functional signs, Historical identification signs, Official signs, Political signs, Private parking signs, Temporary signs, Temporary interior advertising signs and Temporary exterior advertising signs located on any one tax lot shall not exceed forty (40) square feet. Where there is more than one building or storefront on one tax lot, the total square footage of all signs, except for those signs excluded above, shall not exceed forty (40) square feet per building or storefront. This maximum square footage of signs may be reduced by application of the provisions of other sections of this Ordinance.

E. Computation of Size:

The size of any sign shall be computed by determining the area of the smallest quadrilateral into which the sign can fit, exclusive of supporting structure or decorative border, as permitted by this Ordinance.

F. Lighting of Signs:

Illumination of a sign shall be arranged so that no substantial light or glare is directed or reflected onto adjacent streets or properties. No sign shall be illuminated between the hours of 12:01am and 7:00am if it creates any light or glare that substantially affects any dwelling or residential zone.

G. Sign Plan:

Any sign on any one tax lot shall be part of a sign plan for the entire tax lot. Where there is more than one building or storefront on one tax lot, the sign plan may be limited to that one building or storefront. Signs for any one tax lot, building or storefront shall be considered as a unitary application, and a sign permit shall not be issued for any sign on any such tax lot, building or storefront unless it is part of a complete sign plan.

H. Historic District:

1) In addition to the requirements set forth above for the particular zone, a sign in the Historic District shall conform to the requirements of this subsection of this Ordinance.

2) Any sign in the Historic District shall be granted a permit only if its appearance, coloring, lettering, size, texture of materials, design, location, position and method of attachment and lighting conform to the historical and distinctive character of the Historic District, is not detrimental to the intent and plan of historic preservation, or to those buildings and structures having architectural and historical significance, and is in harmonious relationship to the streetscape and the signs located thereon.

3) Any sign in the Historic District shall not be placed on a building or structure so as to obscure or mar any architectural feature deemed to be important to the architectural integrity of the building or structure, or be so located so that the sign, by itself or by its means of attachment, would materially damage the structure to which it is attached.

4) The following signs shall not be subject to Historic District review:

a. Banners

b. Commercial informational signs.

c. Legal non-conforming signs.

d. Official signs.

e. Political signs.

f. Residential signs.

g. Temporary signs.

h. Temporary interior advertising signs.

I. Prohibitions:

1. The following signs and types of signs are prohibited.

a. Any flashing, blinking, twinkling, animated or moving sign, and any sign which presents an illusion of movement.

b. Any sign erected, constructed or maintained so as to obstruct any fire escape, door or other legally required means of egress from the structure, or blocking any door, window or other opening required by law.

c. Any sign which has any form, character, lighting, color, content, location or shape that may confuse or distract the operator of a motor vehicle.

d. Any sign which in any way simulates any official, functional, directional, or warning sign erected or maintained by any federal, state, county or local government or any instrumentality thereof, or by any railroad or public utility.

e. Any off site commercial sign, including the sandwich board type, unless expressly permitted by this ordinance.

f. Any mobile sign.

g. Any billboard or similar sign.

h. Any internally lighted sign.

i. Any neon sign.

j. Any other sign of any kind whatsoever that is not expressly allowed by this Ordinance.

2. The following locations for signs are prohibited.

a. Within or over any state, county or municipal right of way, except by permission of the Governing Body. The Historic Preservation Commission, in considering whether to grant a permit for any such sign, shall consider vehicular and pedestrian safety.

b. On any roof, including a pent roof, of any structure.

c. Directly painted on any part of a structure other than a fascia board or other architectural element designed to serve as a signboard.

d. Affixed or painted on trees, rocks, fences, gates, curbs, public rights of way, walkways, utility poles, or other signs.

e. On any window glass or door glass of any structure (unless a waiver has been granted by the Historic Preservation Commission or the Planning Board pursuant to this Ordinance to permit a sign to be so located).

f. Where the sign, by itself or by its means of attachment, would materially damage the structure to which it is attached.

g. Located so as to allow less than seven (7) feet clearance over any pedestrian walkway.

4. SIGNS FOR SPECIFIC USES

A. Standards for Specific Uses:

Any sign proposed for any of the following uses shall meet the following requirements set forth for the particular use unless expressly exempted from such review by this Ordinance.

B. Retail uses and Business, Professional or Residential Office uses:

1) Signs for retail uses shall not exceed one-half square foot of sign area for each lineal foot of building or storefront frontage on the public right of way and shall not exceed forty (40) square feet. In residential zones, the maximum size for such signs shall be six (6) square feet.

2) Signs for office, business office or professional office uses shall not exceed 1.2 square feet for the first occupant or business tenant or professional and shall not exceed one (1) square foot for each additional occupant or business tenant or professional, up to a maximum of six (6) square feet. Each name used on the sign determines the separate occupant or business tenant or professional for the purpose of the above calculation.

3) Signs in non-residential zones may also include a decorative border not exceeding one (1") inch on a side, which shall include no text, logo or lettering.

4) Where a single tax lot, building or storefront has frontage on more than one public right of way, it shall be entitled to have a sign on its primary frontage and one additional sign on its secondary frontage. The size of the sign or signs permitted shall be calculated independently for each separate frontage. Permitted sign area is not transferable from one frontage to another.

5) Where a single tax lot, building or storefront with frontage only on one public right of way has multiple entrances or uses, each with either a separate entrance or display window, each such entrance or use shall be entitled to one sign. Where one entrance serves a business or professional use, the sign for that use shall conform to the requirements of that use.

C. Institutional uses:

1. Signs for institutional uses, including the institutional name, shall not exceed a total of fifteen (15) square feet in area.

2. Any such sign may include a place for changeable text to inform the public of events, programs, holidays, or other information of public interest that the institution wishes to promote.

D. Restaurants

1) Restaurants shall be permitted to display any two (2) of the following signs:

a) A Bill of fare of food and/or beverage offerings on a free-standing, one-sided easel or on a one-sided wall mounted board with erasable text wherein such text shall be erased at the conclusion of each business day. Such sign shall not exceed five (5) square feet in area.

b) A menu of food and/or beverages placed in the restaurant window. Such menu shall not exceed three (3) square feet in area.

c) A display case mounted on the exterior of the restaurant building facade. Such display case shall contain only bill of fare signs or menu signs, and shall not exceed three (3) square feet in area

2) The maximum square footage for the area of the above two signs selected by the restaurant shall not exceed seven (7) square feet in combined total area.

3) A sign permit is required for the bill of fare sign and the mounted display case.

E. Barber Shops

1) A barber shop shall be permitted to display one (1) barber shop pole.

2) A barber shop pole means the traditional red, white and blue striped cylindrical pole, which may or may not rotate, that is approximately six (6) feet in height or less and contains no written words, symbols, and/or text.

3) The barber shop pole may be mounted to the front facade of the barber shop or may be free standing in front of the barber shop. If the barber shop pole is mounted within the public right-of-way, or encroaches within the public right-of-way, permission must be obtained from the governing body of the Borough of Haddonfield.

4) A sign permit is required for the barber shop pole.

F. Residential uses:

1) Signs on residences shall not exceed two (2) square feet in size.

2) Such signs hall not include any commercial message.

3) Residential signs shall not require any sign permit.

5. ADDITIONAL TYPES OF SIGNS

A. Temporary Signs:

1. Signs of real estate brokers, contractors, tradesmen and artisans:

a. Any such sign is permitted only during the period of time when the person or business posting the sign is actively engaged in performing the service on or for the premises where the sign is placed.

b. Any such sign shall not exceed six (6) square feet in size.

c. Only one sign per tax lot, building or storefront is permitted for each person actively engaged in performing a service on or for the premises.

d. Any such sign may include the principal name of the real estate broker (and any listing agent), contractor, tradesman or artisan, and may include a brief one-line description of the principle service offered. It may also include a logo or trademark by which the service is identified, a business address, and a telephone number.

e. Any such sign shall be located only upon tax lot, building or storefront upon which the service is being performed, and only with the permission of the owner thereof. Any such sign shall not be located in any public right of way, in the park strip, or upon any other tax lot.

f. Notwithstanding the foregoing, a real estate broker (or any resident selling his or her own residence) may place one (1) temporary sign advising the public of an open house on the tax lot. This sign shall be displayed only on the day of the open house, shall not include any balloons or lighting or sound generation equipment, and may include the hours of the open house.

2. Temporary interior advertising signs:

a. Any such sign shall not be displayed for a period of more than one (1) month.

b. Any such signs in any one retail use shall not exceed thirty (30%) percent of any single window facing a public right of way, and shall not exceed ten (10%) percent of total window area.

3. Political signs:

a. Any such sign shall only be permitted on private property with the permission of the property owner.

b. Any such signs placed in the public right of way within or over any state, county or municipal right of way may be removed and disposed of by the Borough without notice.

c. Any such sign related to a candidate or referendum to be voted on at an election shall not be erected or attached prior to 60 days before the election day for which the subject will be voted on and must be removed within 14 days after the election day for which the subject was voted on.

d. Any such signs must otherwise not violate any of the prohibitions listed in sub-section I. of section 3. GENERAL REGULATIONS, of this ordinance.

B. Private Parking Signs:

1. Any such sign shall contain only lettering or text to describe the function to be served, such as "Parking", "Reserved Parking", "Handicapped Parking", "One Way", "Out", "In", "Entrance", "Exit", or the name or names of the persons or class of persons for whom the use of a particular parking space is reserved.

2. Any such sign shall not exceed the size of the smallest standard municipal sign bearing the same or a similar message. Where there is no similar standard municipal sign, any such sign shall not exceed two (2) square feet.

3. Where any such sign is remote from the building or use served, the sign may contain the name of the building or use, which name shall not exceed one half (1/2) of the total sign area.

4. Any such signs shall be part of an initial site plan application, and shall be considered as part of the sign plan of any tax lot.

C. Functional Signs:

1. Any such sign shall contain only lettering or text to describe the function to be served, such as "Public Rest Rooms", "Telephone", or similar messages, or shall provide a place for the posting of public announcements.

2. Any such sign shall not exceed the size of the smallest standard municipal sign bearing the same or a similar message. Where there is no similar standard municipal sign, any such sign shall not exceed two (2) square feet, except in the case of public message board provided by a non-profit civic organization, which shall not exceed ten (10) square feet.

3. Any such signs shall be part of an initial site plan application, and shall be considered as part of the sign plan of any tax lot.

4. The number of such signs permitted for any one tax lot shall be the minimum number reasonably necessary to inform the public of the services available at the premises. No more than one sign for each individual service shall be allowed. If the owner desires to have more than one sign for each individual service, it shall only be allowed by way of a sign permit issued pursuant to this Ordinance.

5. Any public message board may also include the name of the government or non-profit civic organization providing the sign.

D. Signs on Awnings:

1. Signs on awnings shall be considered one sign. No awning shall have signage on more than two separate planes lanes or surfaces, except that the awning side flaps may display the building or property address number.

2. Awnings shall meet the requirements for awnings under any other governmental statute, ordinance or regulation.

E. Commercial Information Signs:

No office, business or retail establishment shall display commercial informational signs having more than one (1) square foot in aggregate area.

F. Interim Business Signs:

1. The Zoning Officer may permit a new business to display interim business sign pending the necessary approvals for the business' permanent signage.

2. Such sign must comply in size, lettering, etc. with the provisions of this Ordinance.

3. The sign must be placed in approximately the same location as the permanent sign would go unless approved otherwise by the Zoning Officer due to practical considerations.

4. The interim business sign must be removed upon installation of the permanent signage, or expiration or ninety (90) days, whichever is sooner.

G. Flags

1. One (1) flag shall be permitted for each store front or building.

2. Any displayed flag shall be installed so that the bottom edge of the flag shall be at least seven (7) feet above the pavement, walkway, sidewalk, and/or step.

3. The flag may be displayed only for decorative purposes and/or for an expression of patriotism.

4. The flag shall be displayed on a flag pole mounted to the exterior of a building or storefront or mounted free standing.

5. The flag dimensions shall not exceed 3 feet in width, 5 feet in length and a total area of 15 square feet.

6. A business that has an exterior display of merchandise or a restaurant that has a bill of fare easel shall not be permitted to display a flag. This flag display prohibition does not apply to the display of the flag of the United States of America.

7. A sign permit is not required for the display of a flag.

8. The location of the flag pole on the store front or building or free standing shall be approved by the Historic Preservation Commission.

9. This section does not apply to and does not prohibit and/or regulate the display of flags on a single family residence, two family residence and on any federal, state, or local governmental structure or building.

6. SIGN PERMIT

A. Sign permit required:

It shall be unlawful to erect, alter, maintain, use, re-letter, move or otherwise have a sign in the Borough of Haddonfield without first making application for and obtaining a sign permit. However, a permit shall not be required of any sign expressly exempted from that requirement by this Ordinance or applicable law. A sign must also meet any and all requirements imposed by the state building code, and other applicable statutes, regulations and ordinances.

B. Sign Permit Not Required: There shall be no sign permit required for any of the following kinds of signs:

1. Banners.

2. Commercial Informational signs.

3. Legal non-conforming signs.

4. Official signs.

5. Political signs.

6. Residential signs.

7. Temporary signs.

8. Temporary interior advertising signs.

9. Flags

10. Signs re-lettered on the same signboard using the same colors and fonts.

C. Application Process:

1. All applications for sign permits shall be submitted on such forms and with such attachments as may be required by the Borough of Haddonfield.

2. Ten (10) copies of all forms and attachments shall be submitted unless the Zoning Officer deems a lesser quantity acceptable.

3. There shall be a $25.00 fee for a sign application. There shall be no fee required for any Institutional or Historical identification signs. One sign application shall include all signs on a tax lot for which the application has been made. The cost of any construction permit required for any approved sign shall be in addition to the fee for the sign application and shall be paid before any sign is erected or installed.

4. Once an application for a sign permit is submitted, the Zoning Officer shall review it within ten (10) days in order to determine whether it is COMPLETE. A COMPLETE Application for Sign Permit shall consist of the following items:

­­­­­­a. Drawings, or plans, of the proposed signage that

1) are drawn to scale with appropriate dimensions depicted thereon;

2) show all proposed logos;

3) show all proposed lettering including the dimensions, style and font, thereof;

4) describe the colors of the proposed signage (or the applicant shall submit color swatches for the proposed signage);

5) depict the method of illumination, if any;

6) show the proposed location of the proposed signage including its location on the tax lot and on the building or structure as well;

7) depict all existing signage on the lot for which the signage is proposed;

b. A statement describing

1) the material of which the proposed signage will be constructed or fabricated;

2) the method by which the proposed signage will be attached to the building or structure;

3) the method by which the applicant has calculated the area of the proposed signage;

c. The name, address, phone number of the sign manufacturer and/or installer;

d. Signature of the Applicant or the Owner of the proposed sign (who is presumed to be the applicant); and,

e. Signature of the owner, or designated representative, of the tax lot for which the application is made.

5. The Zoning Officer shall also review the application to determine if it conforms to the appropriate sections of this Ordinance. The Zoning Officer shall then issue a written decision indicating whether the proposed signage is in conformance and what aspects, if any, of the proposed signage are not in conformance.

6.All applications for a sign permit shall be scheduled to be heard at the next meeting of the Historic Preservation Commission that is at least ten (10) days from the date the application was deemed complete.

D. Approval Process

1. All signs permitted by this Ordinance must be approved by the Historic Preservation Commission of the Borough of Haddonfield per the provisions of this section unless exempted by this Ordinance.

2. The Historic Preservation Commission may, in its review of an application for sign permit, consider the following factors:

a. the zone in which the sign is proposed to be located;

b. the surrounding streetscape;

c. other existing or proposed signs;

d. the proposed sign's

1) appearance;

2) color;

3) lettering;

4) size;

5) material;

6) design;

7) location;

8) position;

9) method of attachment;

10) lighting; and,

11) any other information deemed to be relevant to the Commission’s review.

3. The Historic Preservation Commission shall have the authority to grant requests for waivers from the requirements of this sign ordinance as provided for in this Ordinance. The Historic Preservation Commission does not have the authority to approve any sign application that does not conform to the provisions of this Ordinance. Only the Planning Board may approve deviations from the provisions of this Ordinance under the appeal process described below.

4. The Historic Preservation Commission shall approve, approve with conditions and/or waivers, or deny such application. The decision shall be made available to the applicant in writing, within ten (10) days of the meeting.

E. Appeals

1. Any applicant whose application for a sign permit has (a) been deemed incomplete by the Zoning Officer; or (b) has been deemed to be nonconforming signage by the Zoning Officer; or (c) has been denied by the Historic Preservation Commission; or (d) has been approved with conditions by the Historic Preservation Commission may appeal such decision, in writing, to the Haddonfield Planning Board and must include additional copies of the applicable application documents as required by the Zoning Officer.

2. All such appeals shall be made within thirty (30) days of the date of the written decision upon which the appeal is based, and shall be on such forms as may be required by the Planning Board.

a. Appeals from the decision of the Zoning Officer shall first be referred to the Historic Preservation Commission for their recommendation to the Planning Board. The appeal application shall be reviewed by the Historic Preservation Commission at its next regularly scheduled meeting that is at least ten (10) days after receipt of the appeal form. The appeal will then be heard by the Planning Board at its next regularly scheduled meeting.

b. Appeals from the decision of the Historic Preservation Commission shall be heard by the Planning Board at its next regularly scheduled meeting that is at least seven (7) days after receipt of the appeal form.

3. The Planning Board may, in its review of a written appeal, consider the Zoning Officer’s written denial; the report of the Historic Preservation Commission; and, any other information deemed to be relevant to the Board’s review.

4. The decision of the Planning Board shall be transmitted, in writing, to the applicant.

5. Appeals from the decision of the Haddonfield Planning Board must be made to the Superior Court of New Jersey in accordance with applicable law.

7. WAIVERS

A. Power to Grant Waivers:

The Historic Preservation Commission shall have the power to grant waivers from the strict requirements of this Ordinance for the installation of certain signs, as follows:

1. Where by reason of the location of the tax lot, building or storefront, the Historic Preservation Commission concludes that it is reasonably necessary for the sign to be located on some other tax lot, building or storefront in order for the sign to adequately serve its function, the Historic Preservation Commission may grant a waiver from the provisions of this Ordinance and permit a sign to be located on some other tax lot, building or storefront, on the condition that the sign is included on the sign plan of that other tax lot, building or storefront.

2. Where by reason of the configuration of the tax lot, building or storefront, or by reason of the use or uses made of the tax lot, building or storefront, the Historic Preservation Commission determines that the architectural balance or integrity of the facade of the tax lot, building or storefront is protected, enhanced or preserved by approving additional signs for the tax lot, building or storefront, or that additional signs are reasonably necessary to identify the use or uses therein, the Historic Preservation Commission may waive the requirements of the appropriate sections of this Ordinance and approve additional signs for the tax lot, building or storefront. In the event that such a waiver is granted, only one sign on the tax lot, building or storefront may include the name of the enterprise or establishment. This waiver will in no way change the size of the signs permitted on any one tax lot, building or storefront pursuant to this Ordinance.

3. Where retail, office, business or professional use desires to have a sign painted on glass, the Historic Preservation Commission may waive the requirements of this Ordinance, and grant a permit for such a sign, but only in the event that the Historic Preservation Commission finds that because of the design and configuration of the tax lot, building or storefront, there is no other reasonable location for the sign that will adequately apprise the public of the location of the enterprise or the services or wares offered. In granting such a waiver, the Historic Preservation Commission may allow only part of the requested sign to be on a window, and require that the rest be located elsewhere.

B. Waivers are Discretionary:

Nothing in this Ordinance shall be construed to mean that any tax lot, building or storefront is entitled to a waiver under this Section as of right. Waivers are to be discretionary with the Historic Preservation Commission and the Historic Preservation Commission may approve, approve with conditions, or deny any request for a waiver under this Ordinance, and in its determination, the Historic Preservation Commission may consider the zone in which the sign is to be located, the surrounding streetscape and other existing or proposed signs, and the sign's appearance, color, lettering, size, texture of materials, design, location, position and method of attachment, and lighting.

8. NON-CONFORMING AND EXISTING SIGNS

A. Conformity with Ordinance:

It is the intent and purpose of this Ordinance that as soon as reasonably possible, all existing signs not conforming to the provisions of this Ordinance be brought into conformity with the provisions hereof, or eliminated.

B. Non-conforming Signs:

Any sign located within the Borough of Haddonfield for which a valid sign permit has been granted as of March 1, 1989, or which predates any regulation of signs in the Borough of Haddonfield, but which does not meet the requirements of this Ordinance, shall be considered a legal non-conforming sign. It may continue in use until it loses its legal non-conforming status under this Ordinance.

C. Losing Non-conforming Status:

It is the intention of this ordinance that preexisting nonconforming signs be brought into conformity with this ordinance at the earliest possible date, subject to applicable law. Consequently, any alteration, change, destruction, demolition, removal, abandonment or other modification of a legally preexisting nonconforming sign shall, to the fullest extent permitted by law, be considered an abandonment of such legally preexisting nonconforming sign. Any such sign shall thereafter conform to all requirements of this ordinance.

D. Conforming Signs:

A sign in existence as of March 1, 1989 for which a valid sign permit has been granted, and which would meet the requirements of this Ordinance had it received a waiver from the Planning Board or Historic Preservation Commission under this Ordinance, shall be a conforming sign under this Ordinance.

E. Deviations:

In the event that a sign for which application has been made does not comply with the provisions of this Ordinance, and there is no provision in this Ordinance for the Historic Preservation Commission to grant a waiver, or in the event that an application for a waiver has been denied by the Historic Preservation Commission, that application can only be granted by way of an application to the Planning Board for a deviation, as provided by this Ordinance.

9. MAINTENANCE, ENFORCEMENT, AND PENALTIES

A. Maintenance:

All signs shall be maintained by the owner of the sign. This maintenance shall include repainting, repairing and cleaning, as necessary. If the Administrative Officer determines that any sign is in a state of disrepair so as to no longer be reasonably capable of presenting its message, or abandoned, or a danger to the public health of public safety, the Administrative Officer shall give written notice of the condition of the sign to the owner of the sign and to the owner of record of the tax lot. Either owner shall thereafter have ten (10) days to correct the unsatisfactory condition of the sign. If the unsatisfactory condition is not so corrected within the ten (10) day period, the Administrative Officer may thereafter take such actions as are permitted pursuant to the provisions of this section.

B. Abandoned Signs:

Any sign which identifies any business, proprietor or owner which is no longer in existence or operation, or located upon the premises where the sign is located, shall be removed within sixty (60) days after the cessation of the activity upon the premises. If any such sign remains on a premises for longer than sixty (60) days, the Administrative Officer may thereafter take such actions as are permitted pursuant to the provisions of this section.

C. Enforcement:

The Administrative Officer shall enforce this Ordinance. Upon the discovery of a violation of this Ordinance, the Borough of Haddonfield shall give written notice to the owner of the sign and to the owner of record of the tax lot that the sign is in violation of this Ordinance and to bring the sign into conformity with this Ordinance, or to remove it, or to apply for a sign permit to allow the sign as existing, within ten (10) days of this notice. In the event that any sign continues to be in existence after notice, the Administrative Officer may file a municipal court complaint against the owner of the sign and the owner of record of the tax lot, and take such other action as may be permitted by law.

D. Penalties:

Any person that shall violate any part of this ordinance, or do any act or thing prohibited, or refuse to do any act required to be done, or refuse or fail to comply with an order of the Zoning Administrative Officer, or an order of the Borough Board or Commission with jurisdiction in this ordinance, shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, be subject to one or more of the following: a fine not exceeding the sum of $1,250, imprisonment for a period not to exceed 90 days or a period of community service not to exceed 90 days as shall be imposed by such judicial officer in his or her discretion. Whenever such person shall have been officially notified by the Zoning Administrative Officer or by service of a summons in a prosecution, or in any other official manner, that such person is committing a violation, each day’s continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.

SECTION III:

All ordinances or parts of ordinances inconsistent with this amending ordinance be and they are hereby repealed to the extent of such inconsistencies only.

SECTION IV:

If any section or provision of this ordinance shall be held unconstitutional or invalid by any court, the remaining sections and provisions shall, notwithstanding such holding, remain and be in full force and effect.

SECTION V:

This ordinance shall be in effect upon passage and publication according to law.

The foregoing Ordinance was read in full and approved on the first reading to be advertised as required by law and to be read again at a public hearing to be held January 13, 2004. Ayes, Commissioners Colombi, Reisner and Tarditi. Nays, none.

F.

An Ordinance by Mr. Tarditi:

FIRST READING December 23, 2003

AN ORDINANCE TO AMEND ORDINANCE #1661 KNOWN AS THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF HADDONFIELD, COUNTY OF CAMDEN, STATE OF NEW JERSEY TO AMEND SECTION 307 C7 ENTITLED “SIDEWALK RESTAURANT” AND TO CREATE A NEW OUTDOOR EATING FACILITIES REGULATION ORDINANCE

WHEREAS, it had been determined that it would be in the best interests of the Borough of Haddonfield to streamline the process for approval of sidewalk restaurants within the commercial zoning districts; and

WHEREAS, it has also been determined that sidewalk restaurant regulations should no longer be part of the Land Development Ordinance and should be solely regulated as Outdoor Eating Facilities by the terms of this Ordinance.

THEREFORE, the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, does hereby ordain as follows:

SECTION I:

Ordinance # 1661 known as the Land Development Ordinance of the Borough of Haddonfield, is hereby amended as follows:

A. Chapter 300 entitled “Zoning Districts and Zoning Map”, Section 307 “Conditional Uses”, sub-section C “Specific Requirements” is amended to delete paragraph 7. entitled “Sidewalk Restaurant”.

B. Chapter 1000 entitled “Fees, enforcement and Penalties, Zoning Officer” is amended to delete sub-section 1001, paragraph A, item 7 related to Annual Permit for Outdoor Eating Facility”.

SECTION II:

Outdoor Eating Facilities in the Borough of Haddonfield shall be regulated as follows:

REGULATIONS FOR PERMITTING AND OPERATING

1. PURPOSE

The purpose of this ordinance is to permit certain Outdoor Eating Facilities adjacent to existing restaurants and businesses selling prepared food in order to encourage the viability of restaurants and food service establishments and to enhance the vitality of the Borough of Haddonfield.

2. APPLICABILITY

A. The provisions of this Ordinance apply only to Outdoor Eating Facilities on public property and/or within the public right of way. Outdoor Eating Facilities proposed for private property must be approved under the Site Plan and other applicable zoning regulations per the Land Development Ordinance of the Borough of Haddonfield.

B. Outdoor Eating Facilities regulated by this Ordinance shall only be operated by, and adjacent to, existing, approved, indoor restaurants and/or retail stores which sell food or drink that is ready to consume.

3. GENERAL REGULATIONS

All Outdoor Eating Facilities permitted by this Ordinance must comply with the following:

A. A safe, continuous, and level path on the public right-of-way (sidewalk) shall be maintained for pedestrian traffic to pass in front of the property operating the Outdoor Eating Facility. Such path must be not less than four (4) feet in width between the most forward edge of any furniture or other items and any existing and proposed features such as trees, tree wells, planters, benches, trash cans, signs, hydrants, utility poles, curblines, and similar publicly installed fixtures or other item in the right of way.

B. No outside furniture or other item may be located within three (3) feet of the curbline.

C. All outside furniture or other items shall be removed from the public right-of-way (sidewalk) at the end of business each day and stored inside the business.

D. Logos, words, signs or symbols may not be visible on any furniture or other outdoor items.

E. All trash and litter must be contained, cleaned up and/or removed for appropriate storage so that there is no blowing paper or other trash on or coming from the site.

F. Disposable items including, but not limited to dishes, cutlery, cups, table covers, and napkins:

1) shall not be used as part of any Outdoor Eating Facilities where employees of the business serve patrons.

2) may be used by patrons using outdoor furniture where food and drinks are obtained inside the business premises and there is a satisfactory plan to insure that these disposable items do not become litter. Businesses meeting this requirement must include appropriately located trash receptacles in their plan along with regular monitoring and clean up by employees of the business.

G. Pedestrian traffic shall not be impaired due to the operations of serving food and drinks or during set up or removal of the outdoor furniture and items.

H. There must be a satisfactory operating plan that covers the following:

1) serving of food and drinks;

2) cleaning any accumulation of trash, garbage and/or litter;

3) ensuring that pedestrian traffic will not be impaired; and

4) removing all tables, chairs, storage items, and other items from the right of way when the operations cease each day.

4. OUTDOOR EATING FACILITIES PERMIT

A. Outdoor Eating Facility permit required:

It shall be unlawful to place furniture and other items on the outside of any property to be used in connection with a proposed, or existing Outdoor Eating Facility in the Borough of Haddonfield without first making application for and obtaining an Outdoor Eating Facility permit. Outdoor Eating Facilities must also meet any and all requirements imposed by any other applicable statutes, regulations and ordinances.

B. Application Process:

1) All businesses desiring to operate an Outdoor Eating Facility shall obtain permission therefor annually from the Borough of Haddonfield by submitting a written application to the Zoning Officer. All applications for Outdoor Eating Facility permits shall be submitted on such forms and in such quantity and with such attachments as may be required by the Borough of Haddonfield. The application will contain a Hold Harmless provision, as determined by the Borough Solicitor, that the applicant must agree to as part of the application.

2) The fee for an initial Outdoor Eating Facility Permit Application shall be $50.00 (FIFTY DOLLARS). The fee for a renewal application for substantially the same arrangement shall be $25.00 (TWENTY-FIVE DOLLARS) each year thereafter. For an application to be considered a renewal application, it must include substantially the same information as was on the initial application.

3) Once an application for an Outdoor Eating Facility permit is submitted, the Zoning Officer shall review it within ten (10) days in order to determine whether it is COMPLETE. A COMPLETE Application for an Outdoor Eating Facility Permit shall consist of the following items:

a. A scale drawing of

1) the entire right-of-way from the building façade to the curb line in front of the building (or other proposed outdoor location) where approval for an Outdoor Eating Facility is desired.

2) the location of all existing and proposed features such as trees, tree wells, planters, sidewalk materials and conditions, sidewalk width, benches, trash cans, signs, hydrants, utility poles and similar publicly installed fixtures,

3) the location, size, layout, etc. of proposed tables, chairs, umbrellas, storage items, etc.

b. Drawings, photographs, or catalog cuts of the proposed tables, chairs, umbrellas, storage items, including colors, fabrics, materials, etc.

c. Details of the operational plan for serving of food and drinks, for cleaning any accumulation of trash, garbage and/or litter; for ensuring that pedestrian traffic will not be impaired; and, for removing all tables, chairs, storage items, and other items which must be removed when the operations cease each day.

d. A certificate of insurance or written commitment from the applicant’s insurer that a certificate of insurance will be issued upon approval of the permit, providing for a minimum of $1,000,000 of general liability coverage applicable to the Outdoor Eating Facility and including a written provision including the Borough of Haddonfield as an additional named insured to cover any claims related to the Outdoor Eating Facility, in order to safeguards and protect the public.

­­­­­­e. Signature of the Applicant or the Owner of the proposed Outdoor Eating Facility (who is presumed to be the applicant); and,

f. Signature of the owner, or designated representative, of the tax lot for which the application is made.

C. Approval Process

1) Once the Zoning Officer deemed the application complete, such Officer shall review the application to determine if it conforms to the appropriate sections of this Ordinance. The Zoning Officer shall then issue a written decision indicating whether the proposed Outdoor Eating Facility is in conformance and what aspects, if any, of the proposed Facility is not in conformance.

2)The Historic Preservation Commission shall, by resolution, designate an individual, or committee, who shall be responsible for reviewing applications for furniture and other visible items proposed in the application.

3) All applications for an Outdoor Eating Facility permit that are deemed complete and in conformance by the Zoning Officer will be submitted within seven (7) days to the designated representative(s) of the Historic Preservation Commission to determine the appropriateness of the outdoor furniture and items.

4) The designated representative(s) of the Historic Preservation Commission shall decide on the appropriateness of the outdoor furniture and items using the following factors:

a) appearance;

b) color;

c) size;

d) material;

e) design;

f) location;

g) compatibility with the architecture, colors and design of the building they are

adjacent to;

h) compatibility with the surrounding streetscape;

i) conformance to general regulations of this ordinance;

e) any other factors deemed to be relevant.

5) The designated representative(s) of the Historic Preservation Commission shall have the authority to approve, approve with conditions or deny such application. The decision shall be made available to the applicant in writing, within ten (10) days of the date the complete application is transmitted from the Zoning Officer.

6) Neither the Zoning Officer nor the designated representative(s) of the Historic Preservation Commission have the authority to approve any sign application that does not conform to the provisions of this Ordinance. In the event that an Outdoor Eating Facility permit for which application has been made does not comply with the provisions of this Ordinance, that application can only be granted by way of an application to the Planning Board for a deviation, as provided by this Ordinance.

7) All Outdoor Eating Facilities permitted by this Ordinance in the public right of way must ultimately be authorized annually by resolution of the Board of Commissioners of the Borough of Haddonfield.

a. The Zoning Officer shall transmit a request to the Commissioners for approval at their next meeting when all aspects of the application is determined to be in conformance with the ordinance including approval by the designated representative(s) of the Historic Preservation Commission, or with any deviations approved by the Planning Board per the appeal process described below.

b. The Commissioners have the discretion to approve or deny the application, as submitted, but may not change the terms or conditions.

c. The Commissioners may deny the application or revoke an existing permit previously approved, if there is a verified record that the applicant has violated prior approvals for an Outdoor Eating Facility, operated an Outdoor Eating Facility without prior approval, or has an violation of any provision of the Land Development Ordinance of the Borough of Haddonfield for which they have been properly notified.

D. Appeals

1) Any applicant whose application for an Outdoor Eating Facility permit has (a) been deemed incomplete by the Zoning Officer; or (b) has been deemed to be nonconforming by the Zoning Officer; or (c) has been denied by the Historic Preservation Commission; or (d) has been approved with conditions by the designated representative(s) of the Historic Preservation Commission, may appeal such decision, in writing, to the Haddonfield Planning Board.

2) All such appeals shall be made within thirty (30) days of the date of the written decision upon which the appeal is based, and shall be on such forms as may be required by the Planning Board.

a. Appeals from the decision of the Zoning Officer shall first be referred to the Historic Preservation Commission for their recommendation to the Planning Board. The appeal application shall be reviewed by the Historic Preservation Commission at its next regularly scheduled meeting that is at least seven (7) days after receipt of the appeal form. The appeal will then be heard by the Planning Board at its next regularly scheduled meeting.

b. Appeals from the decision of the Historic Preservation Commission shall be heard by the Planning Board at its next regularly scheduled meeting that is at least seven (7) days after receipt of the appeal form.

3) The Planning Board may, in its review of a written appeal, consider the Zoning Officer’s written denial; the report of the Historic Preservation Commission; and, any other information deemed to be relevant to the Board’s review.

4) The decision of the Planning Board shall be transmitted, in writing, to the applicant.

5. MAINTENANCE, ENFORCEMENT, AND PENALTIES

A. Maintenance, Compliance and Enforcement:

1) All Outdoor Eating Facilities shall be maintained and operated by the permit holder according to the approved permit. This maintenance shall include keeping the furniture and other items cleaning and in good repair, as necessary.

2) If the Administrative Officer determines that any Outdoor Eating Facility is in a state of disrepair, unclean or not in compliance with the operating plan, layout and approved items per the permit, the Administrative Officer shall give written notice to the permit holder of the unsatisfactory condition of the facility and/or the violation of the terms of the permit.

3) The permit holder shall thereafter have five (5) days to correct the unsatisfactory condition or permit violation. If the unsatisfactory condition or violation is not so corrected within the five (5) day period, the Administrative Officer may thereafter suspend the permit and the Outdoor Eating Facility must cease operation. No furniture or other items may be placed in the right of way until the Administrative Officer agrees that the violation is corrected.

4) The Administrative Officer shall also report the violation to the Board of Commissioners who may, at their discretion, revoke the permit, continue the suspension or lift the suspension, pursuant to the provisions of this Ordinance.

5) Administrative Officer may in addition to suspending the permit, or as an alternative, file a municipal court complaint against the permit holder.

6) The Administrative Officer may file a complaint in municipal court against any individual or entity that places furniture or other items in the right of way for the purpose of operating an Outdoor Eating Facility as provided for in this Ordinance, without obtaining a permit pursuant to this Ordinance.

B. Penalties:

Any person who is convicted of a violation of this Ordinance shall be subject to a fine of not more than Five Hundred Dollars ($500.00) for each day in which the violation continues.

SECTION III:

All ordinances or parts of ordinances inconsistent with this amending ordinance be and they are hereby repealed to the extent of such inconsistencies only.

SECTION IV:

If any section or provision of this ordinance shall be held unconstitutional or invalid by any court, the remaining sections and provisions shall, notwithstanding such holding, remain and be in full force and effect.

SECTION V:

This ordinance shall be in effect upon passage and publication according to law.

The foregoing Ordinance was read in full and approved on the first reading to be advertised as required by law and to be read again at a public hearing to be held January 13, 2004. Ayes, Commissioners Colombi, Reisner and Tarditi. Nays, none.

G.

An Ordinance by Mr. Tarditi:

FIRST READING December 23, 2003

AN ORDINANCE TO TEMPORARILY AMEND ORDINANCE #1742, CURRENTLY PART OF ORDINANCE #1661, KNOWN AS THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF HADDONFIELD, COUNTY OF CAMDEN, STATE OF NEW JERSEY, TO REMOVE FROM CHAPTER 600, SUPPLEMENTARY REGULATIONS, ALL OF SECTION 601 D ENTITLED “DISPLAY OF CERTAIN MERCHANDISE” AND TO CREATE A NEW ORDINANCE REGULATING THE DISPLAY OF CERTAIN MERCHANDISE.

WHEREAS, the Borough Commission has determined that it would be in the best interests of the Borough of Haddonfield to provide an opportunity for retail merchants in the Borough to have more options in displaying their merchandise in the public right of way in front of their businesses; and

WHEREAS, the Borough Commission has further determined that the new provisions should be in force for a limited period of time initially to allow for a proper evaluation of the impact of the changes, such trial period to end on June 30, 2004 after which time the new regulations must be renewed by ordinance or the prior regulations will again apply; and

WHEREAS, the Borough Commission has also determined that the merchandise display regulations should no longer be part of the Land Development Ordinance and should solely be regulated by the terms of this Ordinance.

THEREFORE, the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, does hereby ordain as follows:

SECTION I:

Ordinance # 1661 known as the Land Development Ordinance of the Borough of Haddonfield, is hereby amended as follows:

A. Chapter 600 entitled “Supplementary Regulations” is hereby amended to delete Section 601 D entitled “Display of Certain Merchandise” in its entirety.

SECTION II:

The Display of Certain Merchandise in the Borough of Haddonfield shall be regulated as follows:

DISPLAY OF CERTAIN MERCHANDISE REGULATIONS

1) The purpose of this Ordinance is to permit certain displays in front of stores within the below referred to districts, to assist the merchants to market their merchandise and goods, and to enhance the beauty of the Borough of Haddonfield.

2) Merchandise, inventory and goods, which are offered for sale within a store may be displayed in front of the exterior store front within the sidewalk right-of-way and on privately owned property in the Central Business District and the C Commercial District zones.

3) Plants, cut flowers, greens and other such vegetative matter are not to be considered as items and need not be offered for sale by the store.

4) Merchandise displayed within the public right-of-way must be within thirty (30) inches (measuring perpendicular from the front edge) of the front property line of the property in which the store is located. The decoratively displayed merchandise shall not occupy more than one third of the store front width provided that it shall not exceed eight (8) linear feet, but may be at least two (2) linear feet. The decorative display shall not obstruct the storefront entrance. The top of the item shall not be higher than eight (8) feet above the sidewalk surface.

5) A safe, continuous path on the public sidewalk with a minimum of four (4) feet must be maintained for pedestrian traffic to pass in front of the property having an out door decorative display.

6) The display shall not contain front lighting, backlighting and/or lighting within the display. However merchandise itself that contains lighting may be displayed. No power lines or extension cords shall be allowed to provide power to the display.

AGENDA | MINUTES
BOARD OF COMMISSIONERS
December 9, 2003

AGENDA
BOARD OF COMMISSIONERS
December 9, 2003

A. Call to Order and Announcement of Public Meetings (In accordance with the Open Public Meetings Act, notice of this meeting has been sent to the Retrospect and posted on the bulletin board in the Borough Hall)
B. Pledge of Allegiance, followed by Moment of Silence
C. Waive reading of Minutes and Approve as Posted

ORDINANCES:

D. Ordinance Extending the Expiration Date of Ordinance #1841 – First Reading

RESOLUTIONS:

1. Authorization to Pay Vouchers
2. Authorization to Make Budget Transfers
3. Authorization to Issue Check – Overpayment of Taxes
4. Authorization to Cancel Water and Sewer Charges
5. Authorization for Employee Gifts
6. Authorization to Contract for Professional Services – Intervening in NJAWC Rate Case
7. Authorization to Approve Housing Rehabilitation Under CDBG Program
8. Authorization to Award Contract for Animal Control Services
9. Authorization to Approve Appointment – Fire Department

PUBLIC COMMENT