[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:
(a) 
A member of the Borough Council.
(b) 
A member of the Historic Preservation Committee.
(c) 
A member of the Borough Planning Board.
(d) 
Two members at large, one of which shall contain a background in art.
(1) 
The member with expertise in art may live outside the Borough.
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.