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.
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.
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.
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.