[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-20-2021 by Ord. No. 2587-2021. Amendments noted where applicable.]
The Council, in its continuing efforts to rehabilitate and revitalize the business community in the Borough, has 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, the following terms shall have the meanings indicated:
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 painting or illustration on any owner-occupied residential property;
C. 
Any depiction or content of a commercial, trademarked, copyrighted, or other licensed features;
D. 
Any message or advertisement for any individual, group or entity (whether or not commercial); or
E. 
Any subjects or material of a scandalous, libelous or indecent nature as determined by contemporary community standards.
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 semipublic rights-of-way.
Any mural that is not the subject of land use approval, to be erected, painted, or otherwise installed within the Borough, shall not be erected, painted or installed without first obtaining approval from the Council and a permit from the Municipal Clerk for the same.
Application for a permit to erect, paint and/or install a mural within the Borough shall be made on a form provided by the Borough or, if no such form has been prepared, by a letter, signed by the property owner and the applicant, and filed with the Municipal Clerk, with a copy to the Arts Council, 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. 
A sketch or other rendering showing the appearance of the mural or other installation.
E. 
A precise description and visual rendering of the location and size of the mural or other installation.
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 particular attention to its visibility to motorists and its proximity to intersections.
H. 
Such other information as the Borough Council may reasonably request.
A. 
Upon the filing of an application, the Municipal Clerk shall cause the application to be forwarded to the Borough Council for review and consideration. The Municipal Clerk shall provide a copy of the application to the Arts Council.
B. 
Upon receipt of the mural application, the Council shall schedule a hearing for the purpose of reviewing said application. The Municipal Clerk shall advise the applicant and the Arts Council, 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 Borough 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 mural location.
C. 
At the meeting, the Council shall allow the applicant to be heard, as well as any other interested parties who wish to address the proposed application. The Council shall seek input from the Arts Council and consider any recommendations made by the Arts Council regarding the application.
D. 
The Council shall consider the application in light of the proposed mural'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 section, its compliance with any design guidelines adopted by the Council, and its overall aesthetic impact on the neighborhood. The Council 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 mural. The Council 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 Borough's commitment to a clean, safe, healthy and diverse community. In considering the application, the Council 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.
The following requirements shall apply to mural construction within the Borough, which shall be duly considered by the Council during the review process:
A. 
Murals may not be mere extensions or enlargements of an existing sign.
B. 
Murals shall become the property of the property owner following construction.
A. 
Final action on the application shall be made by way of a vote of the Council to issue or deny the permit for the proposed mural, 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 Council.
B. 
Upon positive action by the Council, the Municipal 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.
Any aggrieved party shall have the right to seek reconsideration of a determination, made by the Mayor and Council, within 10 days following the Municipal Clerk's issuance or denial of the permit. If a reconsideration request is made, the Clerk shall cause the matter to be placed on the next conveniently available agenda for reconsideration by the Mayor and Council.
A. 
Maintenance of the mural shall be the responsibility of the property owner. However, business owners, artists, sponsors and other interested parties may negotiate private arrangements regarding maintenance.
B. 
All installations shall be maintained by the owner in good condition free from chips, stains, graffiti, defacing and fading paint, and all necessary repairs shall be made within a reasonable time.
Violations of the provisions of this chapter shall subject the owner and/or violator to a fine as specified in Chapter 1, Article III, General Penalty Provisions. Each day that such violation continues shall be considered a separate offense.
Nothing in this Chapter 148 shall be interpreted as a waiver, replacement or substitute for any installation that requires construction code or land use approval under applicable provisions of any statute, ordinance, rule or regulation.