[HISTORY: Adopted by the Township Council of the Township
of Maple Shade 3-28-2024 by Ord. No. 2024-06. Amendments noted
where applicable.]
To regulate murals and public art installations within the Township
of Maple Shade visible from the public right-of-way or from adjacent
properties in a manner which ensures that such murals and art installations
are appropriate for their respective uses and surrounding environment,
and protective of public health, safety, and general welfare.
As used in this article, the following terms shall have the
meanings indicated:
Any change or rearrangement that enlarges or diminishes the
work, or a change in location, excluding normal repairs and maintenance.
A message or symbol that advertises a business conducted,
services rendered, or goods produced or sold.
The Maple Shade Business and Economic Development Commission.
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 Maple Shade. However, a mural should not include:
Any such painting or illustration requiring a separate foundation
or footing;
Any depiction or contents of a commercial, trademarked, copyrighted,
or other licensed feature;
Any message or advertisement for any individual, group, or entity
(whether or not commercial); or
Any subjects or material of a scandalous, libelous, or indecent
nature as determined by contemporary community standards.
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 Maple Shade and which meets the
requirements within this chapter.
A.
Application for a mural or public art permit shall be made to the
Director of Business and Economic Development 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 the Director of Community Development, 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 from 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 Maple Shade.
(8)
Report from the Police Department (Traffic Division) to ensure pedestrian,
driver, and traffic safety at the site.
(9)
An application fee of $150. Only one mural or artwork can be submitted
with each application.
A.
Upon the filing of an application, the Director of Business and Economic
Development shall cause the application to be forwarded to: 1) the
Director of Community Development to review for potential zoning and
planning issues; and 2) the Business and Economic Development Commission
for review and consideration. Upon receipt of the application, the
Business and Economic Development Commission shall schedule a public
hearing. The Business and Economic Development Commission shall advise
the applicant, 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
Township at least seven, but not more than 14, days prior to the hearing.
B.
At the hearing, the Commission shall allow the applicant to be heard
as well as any interested parties who wish to address the proposed
application. The Business and Economic Development Commission shall
consider the application 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
(including any report from the Police Department Traffic Division)
to ensure pedestrian, driver, and traffic safety at the site; its
compliance with the definitional provisions of this chapter; its compliance
with the design guidelines adopted by the Commission; and its overall
aesthetic impact on the neighborhood. The Commission 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 installation.
The Commission may reject any application that is deemed to not be
in the best interests of the community for failure to its failure
to enhance the residents' quality of life and the Township's
commitment to a clean, safe, healthy, and diverse community.
C.
In considering the application, the Commission 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.
D.
In addition to above review, the Commission shall confirm that the
proposed mural complies with the following:
A.
Final action on the application shall be made by way of a vote of
the Business and Economic Development Commission to recommend issuance
or denial of the permit for the proposed installation, which decision
shall be rendered within 45 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 Commission.
B.
Upon receipt of the recommendation of the Business and Economic Development
Commission, the Director of Business and Economic Development shall
promptly issue the permit with an outline of all required conditions.
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.
Nothing in this chapter 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. The applicant shall be responsible for obtaining
all necessary land use approvals and construction permits prior to
installation of the mural.
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 Director of Business
and Economic Development 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 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 152 of the Township code (relating to exterior property maintenance). Each day that such a violation continues shall be considered a separate offense.
