[Added 9-11-2023 by Ord.
No. 2023-25]
a.
The purpose of the Public Art Committee is to facilitate the development
of public art, including murals, sculptures, and similar expression
of art, within the Borough, recognizing such as integral to the vibrancy
of the community. The Committee shall ensure that public art contributions
to the Borough will complement the building(s) or neighborhood(s)
with which they are associated, as well as complement current strategies
for economic development, enhance neighborhood and community identity,
and educate children and adults alike.
[Added 9-11-2023 by Ord.
No. 2023-25]
a.
Establishment. There is hereby established a Public Art Committee
in and for the Borough of Flemington in accordance with the provisions
of this section.
b.
Membership; terms.
1.
The Committee shall consist of not less than five members, appointed
by the Mayor, and shall be composed of the following:
2.
The members shall serve without compensation except as hereafter
provided.
3.
The Mayor shall designate one of the members to serve as Chairman
and presiding officer of the Committee.
4.
The terms of all members of the Committee shall expire on December
31, 2023. Thereafter, appointments will be made on a staggered basis
and, of the members initially appointed, one member shall be appointed
to serve for a term of one year, two members shall be appointed to
serve a term of two years; two members shall be appointed to serve
a term of three years. Thereafter, all appointments shall be made
for a term of three years.
5.
The Mayor or Council may remove any member of the Committee for cause,
on written charges served upon the member and after a hearing thereon
at which the member shall be entitled to be heard in person or by
counsel.
6.
The term of any member appointed to another board, pursuant to paragraph
b1 above, in common with the Public Art Committee shall be for the
term of membership on such board.
7.
A vacancy on the Committee occurring otherwise than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment.
8.
Notwithstanding any other provision of the law to the contrary, the
powers of appointment and removal hereby accorded to the Mayor shall
be vested in the elected official so designated or, where there is
a vacancy in the office of Mayor, on the duly designated Acting Mayor.
[Added 9-11-2023 by Ord.
No. 2023-25]
The Public Art Committee shall have the following powers and
duties:
a.
The power to commission and oversee the creation of artwork on private
property, with the exception of one- and two-family homes, at the
directive of the Mayor and Council.
b.
The power to hear and review applications for the creation of public
art within the Borough, including the erection, painting and/or installation
of murals, sculptures, and similar visual arts, and the power to render
decisions regarding the issuance or denial of permits therefore.
c.
The power to advise the Mayor and Council, the Planning Board and,
and other agencies of the Borough with regard to matters which affect
the creation of public art within the Borough.
d.
The power to create a non-exclusive list of spaces that are eligible
and appropriate for the potential location of public art within the
Borough.
e.
The power to develop, and to regularly review and update, a public
art plan and public art guidelines, which identify, among other things,
appropriate spaces and appropriate mediums, respectively, for public
art within the Borough.
f.
The power to review and recommend public art projects.
g.
The power to make recommendations regarding any issues that may arise
from a specific public artwork or art project.
h.
The power to undertake any other duties or activities that may be
assigned to it by the Mayor and Council.
[Added 9-11-2023 by Ord.
No. 2023-25]
a.
The Public Art Committee may establish rules of procedure and design
guidelines for its use.
b.
The Public Art Committee is not required to hold regular scheduled
meetings. Meetings may be scheduled as necessary. A quorum required
to take action at Committee meetings shall be a majority of the full
authorized membership of the Committee.
[Added 9-11-2023 by Ord.
No. 2023-25]
Any public art installed within the Borough shall not be erected,
painted or installed without first obtaining approval from the Flemington
Public Art Committee and a permit from the Borough Clerk for the same.
[Added 9-11-2023 by Ord.
No. 2023-25]
Application for a permit to erect, paint and/or install public
art within the Borough shall be made on a form provided by the Borough
Clerk or if no such form has been prepared by a letter, signed by
the property owner and the applicant, and filed with the Borough Clerk
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 installation, if appropriate.
d.
A sketch or other rendering showing the appearance of the installation,
including but not limited to location, color theme, and size of installation
and color scheme.
e.
A survey or aerial photograph of the site.
f.
An application fee in the amount of $100.
g.
Such other information as the Public Art Committee may reasonably
request.
h.
Where located in the Historic district, the applicant should demonstrate
Historic Preservation Commission approval.
[Added 9-11-2023 by Ord.
No. 2023-25]
a.
Upon the filing of an application, the Borough Clerk shall cause
the application to be forwarded to the Public Art Committee for review
and consideration.
b.
Applicants are encouraged to submit the application electronically
to the Borough Clerk.
c.
Upon receipt of the application, the Public Art Committee shall schedule
a hearing for the purpose of reviewing said application. The Public
Art Committee shall advise the applicant, in writing, at least 14
days' prior to the hearing, of the date, time and place of said
hearing.
d.
The Public Art Committee shall reserve the right to provide a written
notice through mail, by certified mail, return receipt requested,
at least 10 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 located within 200 feet of the proposed public
art location.
e.
At the meeting, the Committee shall allow the applicant to be heard,
as well as any other interested parties who wish to address the proposed
application.
f.
The Public Art Committee shall consider the following for applications:
1.
The compatibility and overall aesthetic impact with the neighborhood
in which the installation is to be located.
2.
The likelihood to cause a distraction or hazard to pedestrian or
vehicular traffic.
3.
The significance of the proposed installation's location.
4.
The artist's ability to complete the project in a timely manner.
5.
The ability and willingness of the property owner to maintain the
installation.
g.
The Committee 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.
h.
In considering the application, the Committee 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.
[Added 9-11-2023 by Ord.
No. 2023-25]
The following requirements shall apply to public art construction
within the Borough, which shall be duly considered by the Public Art
Committee during the review process:
a.
No more than two square feet of the installation may contain the
name of the artist, sponsor and/or product likeness.
b.
Public art may not be mere extensions or enlargements of an existing
sign.
c.
Public art is discouraged from having any type of advertising.
d.
Public art shall become the property of the property owner following
construction.
[Added 9-11-2023 by Ord.
No. 2023-25]
a.
Final action on the application shall be made by way of a vote of
the Public Art Committee to issue or deny the permit for the proposed
public art, 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 Committee.
[Added 9-11-2023 by Ord.
No. 2023-25]
a.
The applicant shall have the right to appeal any determination made
by the Public Art Committee to the Mayor and Borough Council within
10 days following the Borough Clerk's issuance or denial of the
permit. If an appeal is filed, the Clerk shall cause the appeal to
be placed on the next conveniently available agenda for the consideration
of the Mayor and Borough Council.
[Added 9-11-2023 by Ord.
No. 2023-25]
a.
Maintenance of the public art shall be the responsibility of the
property owner. However, business owners, artists, sponsors and other
interested parties may reach private arrangements regarding maintenance.
b.
All installations shall be maintained by the owner 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 section.
[Added 9-11-2023 by Ord.
No. 2023-25]
a.
Violations of the provisions of this section shall subject the owner
and/or violator to a fine as specified in Borough Code. Each day or
portion thereof shall be considered a separate violation.
[Added 9-11-2023 by Ord.
No. 2023-25]
a.
Nothing in this section shall be interpreted as a waiver, replacement,
or substitute for any installation that requires a Construction Code
or Land Use approval under applicable provisions of any statute, ordinance,
rule or regulation.
