[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.
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.
A.Â
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.
B.Â
Upon receipt of the comments and recommendations made the reviewing
entity, the Borough Council shall review the recommendations and accept
or reject the application.
C.Â
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.
