[G.O. No. 2142, 9-3-2019]
The Mayor and Town Council, in their continuing efforts to strengthen
and enhance the business community in the Town, have noted that murals
can provide an enhancement to the community and the quality of neighborhoods
within the Town, provided that they do not cause distraction to motor
vehicle operators and are consistent with the character of the neighborhood.
[G.O. No. 2142, 9-3-2019]
As used in this article, the following terms shall have the
meanings indicated:
A painting or illustration applied directly to a wall of
an independent structure within the Town but shall not include:
Any such painting or illustration requiring a separate foundation
or footing;
Any depiction or contents of a commercial, trademarked, copyrighted,
or other licensed feature;
Any message or advertisement for any individual, group, or entity
(whether or not commercial); or
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 Town 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 semipublic rights-of-way.
[G.O. No. 2142, 9-3-2019]
Any public art or mural to be erected, painted, or otherwise installed within the Town, shall not be erected, painted or installed without first obtaining approval from the Town of Westfield Public Arts Commission and a permit from the Town Clerk for the same. All requirements concerning the establishment, composition and powers of the Public Arts Commission are set forth in § 2-44.21 et seq., of the Town Code.
[G.O. No. 2142, 9-3-2019]
Application for a permit to erect, paint and/or install public
art or a mural within the Town shall be made on a form provided by
the Town Clerk, or if no such form has been prepared, by a letter,
signed by the property owner and the applicant, and filed with the
Town Clerk containing or enclosing the following information:
(a)
The owner of the property where the installation is to be made.
(b)
The street address and tax lot and block number of the property in
question.
(c)
A description of the subject matter of the mural or other feature,
if appropriate.
(d)
Sketch(es) or rendering(s) showing the appearance of the mural or
other installation.
(e)
A precise description and visual rendering of the location and size
of the public art or mural.
(f)
A general description of the color scheme of the installation.
(g)
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.
(h)
An application fee in the amount of $250.
(i)
Such other information as the Public Arts Commission may reasonably
request.
[G.O. No. 2142, 9-3-2019]
(a)
Upon the filing of an application, the Town Clerk shall cause the
application to be forwarded to the Public Arts Commission for review
and consideration. Upon receipt of the public art or mural application,
the Public Arts Commission shall schedule a hearing for the purpose
of reviewing said application. The Public Arts Commission 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
Town at least seven, but not more than 14, days prior to the hearing.
The applicant shall be required to ensure that written notice is mailed,
by certified mail, return receipt requested, at least seven days prior
to the hearing to the record owner(s) of the subject property if other
than the applicant, as well as to all property owners who own property
located within 200 feet of the proposed public art or mural location.
(b)
At the meeting, the Commission shall allow the applicant to be heard,
as well as any other interested parties who wish to address the proposed
application. The Public Arts Commission 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 article, its compliance with the
design guidelines adopted by the Commission, and its overall aesthetic
impact on the neighborhood. The Commission 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 Commission 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 Town's commitment to a clean, safe, healthy,
and diverse community.
(c)
In considering the application, the Commission 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.
[G.O. No. 2142, 9-3-2019]
The following requirements shall apply to mural construction
within the Town, which shall be duly considered by the Public Arts
Commission during the review process:
[G.O. No. 2142, 9-3-2019]
(a)
Final action on the application shall be made by way of a vote of
the Public Arts Commission 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 Public Arts Commission, the Town 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.
[G.O. No. 2142, 9-3-2019]
Any aggrieved party shall have the right to appeal any determination
made by the Commission to the Mayor and Town Council within 10 days
following the Town Clerk's issuance or denial of the permit.
If an appeal is filed, the Clerk shall cause the appeal to be placed
on the next conveniently available agenda for the consideration of
the Mayor and Town Council.
[G.O. No. 2142, 9-3-2019]
(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 article.
[G.O. No. 2142, 9-3-2019]
Violations of the provisions of this article shall subject the owner and/or violator to a fine as specified in § 35-10.1 et seq., of the Town Code (relating to Exterior Property Maintenance Code violations). Each day that such a violation continues shall be considered a separate offense.
[G.O. No. 2142, 9-3-2019]
Nothing in this article 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.
