§ 162.08. Public art assessment for private development.

1.

Applicability.

a.

The provisions of this chapter and the public art assessment apply to all private non-residential development projects and all residential development projects with more than ten (10) units, including new construction, or the renovation or improvement of an existing building where fifty percent (50%) or more of a building is being modified, renovated, expanded, rebuilt or improved by construction.

b.

The provisions of this section apply to new development or new construction within existing planned developments.

2.

Requirements. All private development meeting the applicability requirements of this section must elect one of the following assessment methods within ninety (90) days of the issuance of the first building permit or site work permit for a subdivision plat for any portion of the project:

a.

Option 1. On-site Artwork. Submit documentation evidencing the escrow of funds for a work of art valued in an amount not less than one percent (1%) of the total construction costs and submit an application for approval of the work of art in compliance with this chapter. If a local artist will be commissioned to provide a work of art, the value of the work of art cannot be less than ninety percent (90%) of one percent (1%) of the total construction costs; or

b.

Option 2. Contribute to Fund. Contribute an amount equal to eighty percent (80%) of one percent (1%) of the total construction costs for deposit to the art in public places funds. The public art assessment must be paid in full prior to the issuance of a certificate of occupancy except for subdivision plats which are required to submit the public art assessment in full at the time of recording of the final plat; or

c.

Option 3. On-site Artwork and Contribute to Fund. Submit documentation evidencing the escrow of funds for a work of art valued in an amount less than one percent (1%) of the total construction costs and contribute eighty percent (80%) of the balance of the public art assessment (one percent (1%) of the total construction costs) for deposit in the art in public places fund.

3.

The public art assessment for residential development projects will be calculated on a plat by plat basis. Total construction costs for purposes of calculating the public art assessment will be based on the total construction costs for all property depicted on each plat included within the residential development project.

4.

Notwithstanding the foregoing, the public art assessment for any single project, cannot exceed one hundred thousand dollars ($100,000.00).

(Ord. No. 18-67, § 1, 12-10-18)