[Adopted by the Municipal Council of the Township of Irvington 11-23-2020 by Ord. No. MC 3745. Amendments noted where applicable.]
To regulate all murals and public art installations within the Township of Irvington visible from the public right-of-way and those that are visible from adjacent properties to ensure that such murals and public art installations are appropriate for their respective uses and appearance on the affected property and surrounding environment and protective of the public health, safety and general welfare. The purposes of this chapter are to:
A. 
Safeguard the public welfare by providing proper maintenance of murals and public art installations.
B. 
Safeguard public safety by preventing interferences and distractions to pedestrians and drivers of motor vehicles.
C. 
Encourage artistic expression and foster a sense of pride in the Township.
D. 
Prohibit murals and other public art installations from engaging in commercial advertising.
E. 
Prevent visual expression that may be offensive, obscene, and defamatory or is derogatory; or constitutes off-premises advertising.
As used in this chapter, the following terms shall have the meanings given. Unless expressly stated otherwise, any pertinent word or term not part of this listing but vital to the interpretation of this chapter shall be construed to have its legal definition, its meaning as commonly accepted by practitioners, including civil engineers, surveyors, architects, planners, designers and artists.
ALTERATION
Any change or rearrangement that enlarges or diminishes the work, or a change in location, excluding normal repairs and maintenance.
COMMERCIAL MESSAGE
A message or symbol that advertises a business conducted, services rendered, or goods produced or sold.
GRAFFITI
Graffiti and/or an act of graffiti means any drawing, painting or making of any mark or inscription on public or private real or personal property, regardless of content, without the prior written permission of the owner of the property.
MURAL
A hand-produced work of visual art that is tiled, digitally printed and mounted directly to an exterior wall, a vinyl applique or painted by hand directly to an exterior wall of a building. This includes any inscription, painting, illustration, artwork, figure, urban wall art, marking or design that is marked, etched, scratched, drawn or painted on any property wall or independent structure within the Township of Irvington. However, a mural should 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.
OPERATOR
As detailed in Chapter 460, Property Maintenance, of the Irvington Municipal Code, is when "any person who has charge, care or control of a building or part thereof."
OWNER
A person or entity who owns or operates a premises as detailed in the Township of Irvington Municipal Code as detailed below.
A. 
As detailed in § 1-15 of the Irvington Municipal Code, "owner" as applied to building and land: "includes any part owner, any corporation, joint owner, tenant in partnership, joint tenant and tenant by the entirety of the whole or of a part of such building and land."
B. 
"Owner" also includes the definition of "owner" as detailed in Chapter 460, Property Maintenance, of the Irvington Municipal Code as follows. Owner includes: "Owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building."
PROPERTY
Any public property or any private property which is observable from the public right-of-way or from a public space.
PUBLIC ART
All forms of visual art that do not contain any commercial message that are located within the Township right-of-way or on public land or on private property visible from a sidewalk, street or other right-of-way within the Township of Irvington and which meets the requirements within this chapter.
A. 
The Mayor and Township 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 Township of Irvington. The intent of this chapter is develop a permit application process to approve the installation of murals in the Township of Irvington.
B. 
All murals to be installed in the Township of Irvington must receive prior permit approval from the Township of Irvington. Any person or group who would like to construct murals must first obtain written permission from the property owner; said written approval must accompany the application. Murals constructed on public or private property without permission of the property owner will be deemed illegal and the purveyors of such murals will be subject to penalties and/or fines as detailed, in addition to any remedies available under law. The conservation and the maintenance of the murals will be the responsibility of the property owner.
C. 
This chapter will not permit any type of illegal signage or insignia, irrespective of artistic content. The Department of Economic Development and Grants Oversight (DEDGO) will facilitate approval of the mural permit application on behalf of the Township of Irvington accepting all applications and presenting to the Grants Committee of the Township of Irvington Municipal Council for review and approval to be voted on by the full Municipal Council body.
A. 
Application for a mural or public art permit shall be made to the Department of Economic Development and Grants Oversight on forms provided for that purpose.
B. 
The application shall include, but not be limited to, the required fee and all information required on the application and attendant forms.
C. 
The application shall be accompanied by:
(1) 
Photographs of the subject property and surrounding buildings.
(2) 
Drawings showing the dimensions, construction, supports, sizes, foundation, electrical wiring and components, materials of the mural and method of attachment and character of structure members to which attachment is to be made. The design, quality, materials and loading shall conform to the requirements of the Building Code, as amended. If required by Community Development Planning and Zoning of Irvington, engineering data shall be supplied on plans submitted certified by a duly licensed structural engineer.
(3) 
Clear and legible scaled drawings with a description definitely showing location of the mural which is the subject of the permit and all other existing artwork whose construction requires permits, when such artworks are on the same premises.
(4) 
Project description, including purpose. Detailed information regarding material to be used to apply or install the mural or public art installation, and any specialized equipment necessary for the project.
(5) 
Approval letter and accompanying certifications by the property owner.
(6) 
Maintenance plan which specifies the frequency of maintenance, provisions to address fading or vandalism, and general maintenance for the life of the mural or public art installation. Also include a plan for the restoration of the surface substrate at its conclusion.
(7) 
Hold harmless agreement with the Township of Irvington.
(8) 
Certification by the Police Department (Traffic Division) to ensure pedestrian, driver and traffic safety at the site.
(9) 
The permit application fee for each mural or public art installation is $200. Only one mural or artwork can be submitted with each application.
A. 
The Department of Economic Development and Grants Oversight will be responsible for developing procedures to facilitate the acceptance and approval of mural permit application.
B. 
The following is a list of items that may be considered in reviewing and in deciding whether to approve a permit:
(1) 
The application may be considered 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 chapter, its compliance with the design guidelines adopted by the Municipal Council, and its overall aesthetic impact on the neighborhood.
(2) 
Reviewers can 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.
(3) 
In considering the application, the Township 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.
(4) 
The Township 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 Township's commitment to a clean, safe, healthy, and diverse community.
An original art mural or public art that meets all of the following requirements will be permitted upon satisfaction of the applicable procedures.
A. 
An application for a mural or public art permit shall be made to the Department of Economic Development and Grants Oversight on forms provided for that purpose.
B. 
Mural may not be mere extensions or enlargements of any existing sign. No mural or public art shall be erected, placed, altered, relocated or replaced except in accordance with this section and unless a permit has been issued. This applies, but is not limited to, all walls, utility boxes, benches and trash receptacles, streets and sidewalks.
C. 
All murals and public art installations shall be maintained in good repair, free from peeling paint or damage due to age, weather, vandalism or the like. Failure to do so may result in notification of the Code Enforcement Officer and, if necessary, enforcement action.
D. 
The mural or public art installation shall remain in place, without alteration, for a minimum period of one year. "Alterations" include any change to a permitted mural or art installation, including, but not limited to, any change to the image(s), materials, colors, or size of the permitted mural. "Alteration" does not mean any naturally occurring changes to the mural caused by exposure to the elements or the passage of time. Minor changes to the permitted items that result from the maintenance or repair of the mural shall not be considered an alteration. Minor changes may include slight unintended deviations from the original image, colors, or materials that occur when the permitted mural is repaired due to the passage of time, or as a result of vandalism.
E. 
No part of a mural shall exceed the height or width of the structure to which it is tiled, painted or affixed.
F. 
No mural or public art installation may consist of, or contain, electrical or mechanical components, or changing images, moving structural elements, flashing or sequential lights, kinetic art or lighting elements or automated methods that result in movement, the appearance of movement, or change of mural image or message.
G. 
No mural or public art installation may be located within 200 feet of another mural or public art installation unless it is part of an approved ensemble.
H. 
If vandalism to the mural or the public art installation occurs, it is the responsibility of the property owner or tenant to remove the graffiti, in consultation with the artist, within 48 hours. The Township of Irvington reserves the right to remove or fine the property owner for any unmaintained murals or public art installation.
I. 
No more than two square feet of the mural may contain the name of the artist, sponsor and/or product likeness.
Upon the successful review the permit application by the Grants Committee, the approval will be forward to the full Municipal Council body for a full vote.
A. 
The mural or public art installation shall remain in place, without alteration, for a minimum period of one year. The permit will be valid for the specific design and one-time production of the mural or public art installation presented.
B. 
Any changes to the original specification and design submitted and approved must be resubmitted for review and determination. This permit is revocable by the Township of Irvington if it is determined at any time that the mural being installed does not comply with the information provided with the application or if any part of the application submitted was false.
C. 
Unless a shorter period of time has been established by official action, this permit expires one year from the date of issuance. If the work permitted hereunder has not been commenced within 60 days after the issuance of the permit, the permit will automatically expire on the 60th day. This permit shall also expire if it is determined that the work authorized by the permit has been suspended, discontinued or abandoned for a continuous period of 90 days from the date of issuance of the permit.
D. 
Removal of a permitted mural or public art installation. Prior to the removal of a mural or public art installation, the property owner must notify the Chief Building Code Inspector at least 30 days prior to its removal in writing stating the intent to remove the mural or public art. Any associated materials that were used to affix or secure the mural to the wall must also be removed at the time. This includes, but is not limited to, mounting brackets, hardware, caulk or grout, adhesives and glues. Complete restoration of the surface substrate is required.
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. A copy of said arrangement must be forwarded to the Township via the DEDGO for recordkeeping and to address any future concerns. The arrangement must contain contact and current contact information for the parties to the agreement.
B. 
All installations shall be maintained by the owner or agreed to responsible person or entity 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 chapter.
Violations of the provisions of this chapter shall subject the owner and/or violator to a fine as specified in Chapter 460, Property Maintenance. Each day that such a violation continues shall be considered a separate offense.
A. 
Defacement of property. No person or entity shall place artwork, mural, graffiti, write, paint or draw any inscription, figure, or mark of any type on any property listed in Subsection (3) unless the expressed written permission of the owner or operator of the property has been obtained and had a permit issued pursuant to this chapter. Any such action will be considered defacement of property in violation of this chapter subjecting the actor to penalties and fines as detailed in this chapter. Additionally, such person will/is required to remove the mural or artwork by returning the property to the appearance and condition it was in prior to the installation. Failure to do so will also subject the actor to penalties and fines under this and other applicable Township ordinances.
B. 
Recession of permit approval. The Irvington Municipal Council may rescind a resolution approving a mural and artwork permit application under this chapter by any person or entity who installs a mural or artwork that is different from what was approved by the administration and municipal body. Additionally, such person will/is required to remove the mural or artwork by returning the property to the appearance and condition it was in prior to the installation. Failure to do so will subject the actor to penalties and fines under this and other applicable Township ordinances.