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Environmental commission urges suspension of Middletown's amended LED billboard ordinance; township cites legal constraints
Summary
At the July 13 meeting the Middletown Environmental Commission asked the committee to rescind or suspend amended ordinance 2026‑3052 governing LED advertising signs, citing inconsistencies, lack of brightness standards and environmental concerns; the township said it adopted targeted locations to limit future applications after a New Jersey Supreme Court decision and noted pending planning board review of applications.
The Middletown Township Environmental Commission asked the township committee on July 13 to rescind or suspend a recently amended ordinance (2026‑3052) governing LED advertising signs until measurable brightness, height and location standards and environmental protections are added.
Marty Judd, reading a statement adopted unanimously by the commission, said "The amended ordinance 2026‑3052 is flawed and contains numerous inconsistencies." He told the committee the revision permits internally lit LED billboards up to 400 square feet and 40 feet high while language elsewhere in the code still limits conventional billboards to 240 square feet and 25 feet, and that the ordinance contains no quantitative day‑ or nighttime brightness standards. The commission urged the committee to require applicants to perform environmental analyses identifying how light emissions would affect nearby residences and sensitive natural receptors, such as birds in the Atlantic Flyway, and to conduct direct outreach to impacted property owners.
A township representative (Brian) responded that the ordinance was adopted in part to limit locations for LED billboards after an inventory of existing sites and that the township faced legal exposure following a recent New Jersey Supreme Court decision that prevents municipalities from imposing absolute bans. "The ordinance is specifically designed to limit the ability and the locations of these led billboards," the representative said, and noted that many pending applications remain subject to planning board review and municipal land use notice requirements.
Karl Rathjen, vice chairman of the planning board, cautioned members about making public remarks that could be seen as prejudicial to pending applications and reminded attendees that planning board procedures (including notice to nearby residences within 200 feet) apply to applications. Mayor Tony Perry offered to meet with commission representatives and staff to discuss the commission's concerns.
The commission asked the committee to pause implementation of the amended ordinance until measurable standards and consultation with agencies such as New Jersey Fish and Wildlife could be incorporated; the committee acknowledged the concerns and offered to discuss revisions and next steps with the commission and planning board.
