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:
MURAL
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.
PUBLIC ART
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.
STREETSCAPE
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.
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.