[HISTORY: Adopted by the Mayor and Council of the Borough
of Runnemede 9-6-2022 by Ord. No. 22-10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
396, but was renumbered to maintain the organization of the Code.
The Mayor and Borough Council, in their continuing efforts to
strengthen and enhance the business community in the Borough, have
noted that murals can provide an enhancement to the community and
the quality of neighborhoods within the Borough, provided that they
do not cause distraction to motor vehicle operators and are consistent
with the character of the neighborhood.
As used in this chapter:
A painting or illustration applied directly to a wall of
an independent structure within the Borough but shall not include:
a) any such painting or illustration requiring a separate foundation
or footing; b) any depiction or contents of a commercial, trademarked,
copyrighted, or other licensed feature; c) any message or advertisement
for any individual, group, or entity (whether or not commercial);
or d) any subjects or material of a scandalous, libelous, or indecent
nature as determined by contemporary community standards.
Publicly accessible, original art installation that enriches
the Borough and evokes meaning. It may include permanent visual art,
performances, installations, events and other temporary works, preservation
or restoration of unique architectural features, ornamentation or
details. It may also include the artist-designed infrastructure and
structures themselves. Public art should consider the site, its context
and audience. Public art may possess functional as well as aesthetic
qualities; it may be integrated into the site or be a discrete work.
The overall arrangement and interaction of signs, lighting,
statuary, fountains, facade treatments (including murals), landscaping,
walkways, window treatments, and the like in view, primarily, of pedestrians
and motorists upon public or semi-public rights-of-way.
Any public art or mural to be erected, painted, or otherwise
installed within the Borough, shall not be erected, painted or installed
without first obtaining approval from the Borough Council and a permit
from the Borough Clerk for the same.
A.
Application for a permit to erect, paint and/or install public art
or a mural within the Borough shall be made on a form provided by
the Borough Clerk, or if no such form has been prepared, by a letter,
signed by the property owner and the applicant, and filed with the
Borough Clerk containing or enclosing the following information:
(1)
The owner of the property where the installation is to be made.
(2)
The street address and tax lot and block number of the property in
question.
(3)
A description of the subject matter of the mural or other feature,
if appropriate.
(4)
Sketch(es) or rendering(s) showing the appearance of the mural or
other installation.
(5)
A precise description and visual rendering of the location and size
of the public art or mural.
(6)
A general description of the color scheme of the installation.
(7)
A general description of the points from which the installation may
be viewed, with attention to its visibility to motorists and its proximity
to intersections.
(8)
An application fee in the amount of $50.
(9)
Such other information as the Borough Council may reasonably request.
A.
Upon the filing of an application, the Borough Clerk shall cause
the application to be forwarded to the Borough Council for review
and consideration. Upon receipt of the public art or mural application,
the Borough Council shall schedule a hearing for the purpose of reviewing
said application. The Borough Council shall advise the applicant,
in writing, at least 14 days prior to the hearing, of the date, time
and place of said hearing, and shall ensure that a notice of the hearing
is placed in the official newspaper of the Borough at least seven,
but not more than 14 days prior to the hearing.
B.
At the meeting, the Borough Council shall allow the applicant to
be heard, as well as any other interested parties who wish to address
the proposed application. The Borough Council shall consider the application
in light of the proposed installation's compatibility with the
neighborhood in which it is to be located, its size in relation to
surrounding features, whether it is likely to cause a distraction
or hazard to pedestrian or vehicular traffic, its compliance with
the definitional provisions of this section, its compliance with the
design guidelines adopted by the Council, and its overall aesthetic
impact on the neighborhood. The Council shall also consider the significance
of the proposed project's location, the artist's ability
to complete the project in a timely manner, and the ability and willingness
of the property owner to maintain the installation. The Council may
reject any application that is deemed not in the best interests of
the community by not enhancing the residents' quality of life
and the Borough's commitment to a clean, safe, healthy, and diverse
community.
C.
In considering the application, the Council may, in its discretion,
seek the opinions of professionals familiar with the subject or field
involved, including but not limited to historians, artists, sculptors
or similar professionals.
A.
The following requirements shall apply to mural construction within
the Borough which shall be duly considered by the Council during the
review process:
A.
Final action on the application shall be made by way of a vote of
the Borough Council to issue or deny the permit for the proposed installation,
which shall be rendered within 30 days of the submission of a complete
application, unless this time frame is extended by consent of the
applicant. An approval may be subject to any reasonable conditions
deemed appropriate by the Commission.
B.
Upon positive action by the Council, the Borough Clerk shall promptly
issue the permit, with a notation as to any required conditions imposed.
Permits shall expire 180 days after the date of issuance. Any approved
project not installed within the 180-day time-frame shall be required
to reapply and obtain a new permit.
A.
Maintenance of the public art or mural shall be the responsibility
of the property owner on whose premises the installation is located.
However, business owners, artists, sponsors, and other interested
parties may reach private arrangements regarding maintenance.
B.
All installations shall be maintained by the owner in good condition
free from chips, stains, graffiti, defacing, fading paint, and the
like. Failure to properly maintain an installation shall subject the
property owner to the penalties of this section.
Violations of the provisions of this section shall subject the owner and/or violator to a fine as specified in § 281-10 of the Borough Code (relating to Exterior Property Maintenance Code violations). Each day that such a violation continues shall be considered a separate offense.
Nothing in this section shall be interpreted as a waiver, replacement,
or substitute for any installation that requires a Construction Code
or land use approval under applicable provisions of any statute, ordinance,
rule or regulation.
