Middletown Puts Forward New Constraints on LED Signs

In line with recent reports, Township officials have proposed new restrictions on lightemitting diode (LED) signs, which they say can serve as dangerous distractions to local drivers. The Township Committee introduced an ordinance on Aug. 19 that would limit the size, brightness and operation of any sign that uses computer-generated messages, which officials say would likely become the norm in the coming years.

“No one is putting up a regular sign anymore,” Committeeman Anthony Fiore said on Aug. 5. “Five years from now, everybody could have one. They are becoming more prevalent, so I would like to see some of these measures put into the township code.”

Under the proposed ordinance, messages posted on electronic signs could only be changed once every 15 seconds. Flashing, scrolling, fading and similar effects would be prohibited, as would video messages and multiple colors. Changing messages would only be permitted from 6 a.m. to 11 p.m., after which the electronic signs would have to remain static. Different brightness levels would also be mandated for day- and night-time operation. Currently there are only about eight such signs throughout the township — close to half of which are at schools and on other public property where township regulations would not apply, according to township planner Jason Greenspan.

But as LED technology becomes more affordable and efficient, Fiore said more businesses will begin to switch over from traditional signage. The new regulations will give township officials an “enforcement tool” to dictate how new signs would be operated and levy fines against current violators, he said.

While the ordinance will not require privately owned, pre-existing signs to be replaced, Township Attorney Brian Nelson said it could encourage the owners of those signs to adhere to the spirit of the regulations. “This isn’t just an aesthetic issue. It’s a public safety issue,” he said. If the ordinance is approved, all new electronic signs and all existing signs that are replaced or augmented with an electronic message board would require a conditional use permit from the township. As with all signage in Middletown, the township zoning officer can serve written notice to the owner of any sign that “constitutes a safety hazard to motor vehicle traffic.”

While local ordinance currently prohibits “moving, revolving, blinking, flashing” and other types of signs, Middletown professionals say those regulations were written years ago and do not specifically address LED-type displays. "LED signs are a different animal,” said Township Administrator Anthony Mercantante during the committee’s Aug. 5 workshop meeting. “Every gas station has their prices on an LED.”

Digital fuel-pricing signs would not be subject to the new regulations. Electronic signs would also be prohibited on building facades, and specific size requirements would be laid out for different uses and zones in the township. The signs would not be permitted in any designated historic district.

On Aug. 5, Fiore said the goal of the ordinance is to balance the changing needs of local businesses with the safety of Middletown drivers and pedestrians. “You don’t want to hamstring business, but there has to be limitations,” he said.

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