[HISTORY: Adopted by the Mayor and Council of the Borough of Somerville 9-17-2018 by Ord. No. 2557. Amendments noted where applicable.]
Murals are an integral part of cultural expression. The intent of this chapter is to aid artists and others in understanding the creation of murals and to advise artists as to the permit process.
As used in this chapter, the following terms shall have the meanings indicated:
- Shall mean a large image, such as a painting or photograph applied to a wall on private property and visible to the public right-of-way that is not intended to identify or advertise a product, service or business. The mural content shall not demonstrate any relationship to a business. The mural content having a relationship to a business shall be considered a sign and shall meet all the requirements of a sign as established by ordinance.
- PROPERTY OWNER
- Shall be defined as the owner of the premises that is on record at the Municipal Tax Office.
A permit shall be applied for through the office of the Municipal Clerk. Said application shall include but not be limited to: the name(s), addresses and additional contact information of the artists and participants of the project; the owner's written authorization and a sketch of the mural; a time table for completion of the project; listing of materials to be used and equipment to be used; identification of storage areas; dimensions and method for attachment, if applicable; and insurance requirements that indemnify the Borough of Somerville before a permit is issued.
After submission of a completed application, said application shall be reviewed by a designated entity for comment and recommendation. Said agency shall be defined by resolution.
Upon receipt of the comments and recommendations made the reviewing entity, the Borough Council shall review the recommendations and accept or reject the application.
The applicant may modify the application for reconsideration if initially denied.
A permit shall be issued for the time period in which the project shall be reasonably completed. This permit shall be subject to other permits from other agencies if required. If scaffolding is being used or other equipment, it shall be the responsibility of the applicant to apply for the appropriate permits. All other permits necessary shall be obtained by the applicant.
It shall be the responsibility of the property owner upon which a mural is placed to maintain the appearance of the mural. A mural that is permitted to remain in a condition of disrepair shall constitute a public nuisance as defined by the Municipal Code.
It shall be a violation to place a mural on a property without a valid permit issued by the Borough of Somerville Municipal Clerk. Violation of such action may be considered a sign or graffiti as such violations shall be subject to the fines established in the Borough Code.
This chapter shall be effective upon the adoption and advertisement required by law.