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HomeMy Public PortalAboutADM-136_Public Art_Effective 07-09-2021 City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Public Art Policy Number Effective Date Last Revision Page No. ADM-136 7/9/2021 Page 1 of 11 Approved by: Section 1.0: Purpose The City of Lebanon supports cultural and artistic opportunities that benefit residents and visitors to the City. Displays of public art are intended to create interest in the arts, appeal to diverse audiences, and reflect historic events, trends and local culture. This policy establishes guidelines and procedures for the review, selection, acceptance, donation, placement, deaccession, maintenance, and safe display of temporary or permanent public art on, in, or as a part of City assets, property, and rights-of-way to provide for the opportunity for the increased, sustained, safe, and appropriate display of public art within the City. Section 2.0: Scope This policy impacts the following departments and governmental bodies; 1. Department of Public Works 2. Department of Recreation, Arts and Parks 3. Department of Planning & Development 4. All departments that manage a City owned property under the authority of the City Manager 5. City Manager’s Office 6. Arts & Culture Commission 7. Conservation Commission Section 3.0: Definitions Public Art- Works of craft or art in any medium that has been reviewed against adopted and standardized criteria, approved, and formally accepted for ownership by the City for installation in public locations, public rights of way, in or on publicly owned buildings, on publicly owned land, or in or on other locations leased or provided to the City through donation, easement or other means for a period of not less than five years duration. Public Art includes sculpture, murals, fountains, statues, paintings, castings, columns, obelisks, architectural and design features and any other form of two or three dimensional or digital art that is projected onto a surface, displayed by light which may also have an audio component, work in any medium appropriate for the location otherwise meeting the approval criteria. City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Public Art Policy Number Effective Date Last Revision Page No. ADM-136 7/9/2021 Page 2 of 11 Approved by: Deaccession- is a procedure for withdrawal of a work of art from City ownership. Public Way- the entire width between the boundary lines of any public highway, street, avenue, road, alley, park or parkway, sidewalk, leisure way, or multi-use path. Public Property- Property owned or under the control of the City. Art on the Roadway- This category includes mural projects on paved areas that are accessible to motor vehicles, such as intersections, crosswalks, and other surfaces within the active roadway. Art in Pedestrian Space- Projects in this category are on paved areas that are inaccessible to motor vehicles while the artwork is in place, such as curb and sidewalk extensions as well as any surface that has been temporarily or permanently converted into a public space or plaza. Art on Vertical Infrastructure- This category features art projects installed on vertical infrastructure, including utility boxes, traffic barriers, tunnels, retaining walls and highway underpasses. Graffiti Park- An arts park where the public is permitted to be artistically expressive on the provided panels without violating existing rules and policies in place for other public places. Section 4.0: Policy Detail The City allows individuals/organizations to create and display public art in and on City‐owned public property and within City public ways, provided that the artist/organizations proposing the artwork obtains a Public Art Display Permit and complies with all guidelines set forth by the City. Displays are restricted to the areas designated as available by the City. The City retains the right to deny applications that do not comply with the provisions of this policy. Section 5.0: Procedures City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Public Art Policy Number Effective Date Last Revision Page No. ADM-136 7/9/2021 Page 3 of 11 Approved by: 5.1 General Criteria Assuring the highest quality of aesthetic experience for the residents of and visitors to the City is the primary criterion for approval of public art. The objective is to develop a worthwhile, enduring, and varied collection of artwork in city buildings, public spaces and other appropriate spaces. In commissioning or accepting public art the following general criteria apply: A. Media: All visual art forms and materials will be considered. B. Style: Artwork reflecting any school, movement, method, or style will be considered. C. Range: Artwork may be functional or non-functional; conceptual or tangible; portable or site-specific; including folk art, craft or fine art. D. Character: Artworks must be appropriate in scale, media, style, and content to the project and environment to which they will relate. E. Permanence: Consideration should be given to structural and surface integrity and the use of materials appropriate to the location so as to minimize or eliminate maintenance and repair costs. F. Public Safety/ Liability: Artworks and art places must be free of unsafe conditions or other factors bearing on public liability. G. Diversity: In approving works, the City will strive for diversity, reflecting the social, ethnic and cultural fabric of the community. 5.2 Basic Requirements A. The artwork/decoration should enhance its setting and help create a sense of place. B. Artwork/decoration must be suitable for display to a diverse audience including children. City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Public Art Policy Number Effective Date Last Revision Page No. ADM-136 7/9/2021 Page 4 of 11 Approved by: C. Displays/decoration that contain profanity, obscenity or explicit sexual imagery, nudity, graphic depictions of violence or would create a hostile environment are not permitted. D. Artwork/decoration cannot display religious or political messages, or commercial advertisement. E. Providing space for artwork does not in any way obligate the City to assume any liability or risk for the displayed materials nor does it constitute an endorsement of the beliefs or viewpoints of the art/exhibit. F. The City shall have the final determination on where artwork can be located. G. The City shall have the right to use photos, video, or other visual depictions of the artwork for publicity or other City purposes. H. All materials used in the decoration/display must be provided, maintained, and paid for by the applicant. Where available, the City and/or arts organizations or other entities may provide material and/or monetary support to the applicant for these installations. Applicants should also present a plan for the maintenance and/or removal of the art installed. I. The installed public art should be appropriate for the proposed site and its surroundings, including considerations of architecture, topography, and physical environment. J. The installed public art should not adversely affect the natural environment. K. Public accessibility in compliance with ADA requirements L. Site requirements-Different environments and safety guidelines M. Plaque identifying art and artist to be paid for by the applicant or sponsoring body and provided by the City. N. Maintenance plan O. Any criteria deemed prudent by the Arts & Culture Commission City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Public Art Policy Number Effective Date Last Revision Page No. ADM-136 7/9/2021 Page 5 of 11 Approved by: N. Compliance with City codes and state and federal regulations including, but not limited to, the attainment of all necessary permits and license agreements 5.3 Materials and Design of the Art 1. Design of the art: If the piece will be openly displayed without supervision, the pieces should be constructed with consideration given to the following points; a) No sharp points, corners or edges that could cut or puncture unless installed at a height greater than eight feet from any accessible horizontal surface. b) Absolutely no protrusions or projections that could entangle clothing, possibly causing strangulation c) The absence of pinch, crush or shearing points that could entrap a body part or clothing d) The artwork design shall not cause hazards that could trap a child’s head. Completely bound openings greater than 3.5 inches and less than 9 inches fall into this hazard. e) Tripping hazards that may cause a fall, or cause injury if fallen upon must be avoided f) Suspended hazards that could injure if capable of entangling or striking a member of the public cannot be a part of the artwork g) The art should be securely anchored to avoid toppling h) Art on Roadways and Art on Pedestrian Ways shall contain materials that prevent persons and vehicles from slipping. Non-slip or traction enhancing materials shall be required if the artwork degrades the normal existing surface performance of a street, sidewalk or multi-use path. Newly constructed surfaces on which artwork will be added must meet the minimal traction capability of the surface whether it be asphalt, concrete, wood, metal, plastic, tile or other material after the artwork is applied. i) All exposed elements of the work are made of durable, exterior-quality, water resistant materials that are, to the highest degree practical, of color-fast materials that resistant to sunlight and UV damage. City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Public Art Policy Number Effective Date Last Revision Page No. ADM-136 7/9/2021 Page 6 of 11 Approved by: j) Materials used for public works of art must not contribute to the degradation of the environment. The use of hazardous materials that pose a risk to the public health, wildlife, domestic animals or vegetation are prohibited. k) All connections, mountings, and hardware are made from non-ferrous metal or other materials that will not degrade from exposure. l) Attached elements, plaques, markers, or other fittings include vandal-deterring hardware wherever applicable. m) Depending upon the installation, efforts at reducing physical vandalism, including graffiti must be employed to the greatest extent feasible given the location. This may include high-placement to reduce access, the use of lighting at night, or other physical barriers and passive methods that discourage damaging behaviors. In order to reduce potential damage from graffiti and to ease cleaning subsequent to any future vandalism, all exterior public artwork will be treated with an anti-graffiti-coatings as practical. 5.4 Art on Roadways & Art on Pedestrian Ways 1. Safety A. Art must not create safety hazards for motorists and pedestrians. Free flow of traffic within the traveled portion of a roadway, sidewalk or multi-use path and sight distance requirements must be maintained. The installation of Art with highly reflective surfaces, colors, moving parts, or flashing or bright lights or moving parts is strongly discouraged. However, each Art installation will be analyzed on a case by case basis to determine if it could potentially create adverse distractions or vehicular or pedestrian movements that could interfere with traffic flow or compromise safety. Art that may distract or confuse motorists or expose observers to undue risk will not be approved. Art containing either moving parts or that simulates movement may be approved after the City reviews safety considerations. Sculptures and freestanding Art must be installed outside the traveled way along the perimeter of the roadway and outside of sight distance areas. To avoid potential safety hazards and to streamline the permitting process, the department that City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Public Art Policy Number Effective Date Last Revision Page No. ADM-136 7/9/2021 Page 7 of 11 Approved by: manages the public way will be required to place the proposed artwork as far from the travel lane as possible to avoid potential safety hazards. The responsible department shall conduct a traffic safety analysis to ensure that the traveled portion of the public way and sight distance requirements are maintained and that the selected location and Art object(s) will not introduce and expose road users to undue risks. On a case by case basis, Art may be approved for placement in roadway medians when other applicable safety standards are met. B. If public access to the Art element is allowed or intended on low volume and low speed roads, the Americans with Disabilities Act (ADA) requirements must be met. C. A Traffic control plan is required if the project will occur on a public way, sidewalk or multi-use path. 2. Materials and Site Guidance When it comes to materials, each project will require a different selection. Materials will vary depending on the project’s desired use and duration. For most projects, the selected paint should be mixed with a non-slip additive such as Shark Grip® to avoid surfaces from becoming slippery once the installation is in place. Below is a list of common products used for asphalt art projects that range from very temporary to more permanent: • Tempera paint • Water-based field-marking paint • Latex or acrylic household paint • Acrylic traffic marking paint (Roadzilla® MMA, Rustoleum®) • Epoxy-based pavement coating • Thermoplastic (TrafficPatterns®, DuraTherm®, DecoMark®) 5.5 Permit Process The display of public art on the property of the City requires a Public Arts Permit issued by the City Manager in accordance with this policy. Applicants can be any City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Public Art Policy Number Effective Date Last Revision Page No. ADM-136 7/9/2021 Page 8 of 11 Approved by: person, public/private/non-profit entity as well as a department or body of the City itself. Prior to the issuance of any permit a review process shall be conducted as detailed below; 1. City Manager’s Office-The permit process begins with the City Manager’s Office where applications will be received and initially reviewed. The process will end with the City Manager who will either approve or deny a permit application. 2. Department Review-The application will be reviewed by the department having management responsibilities for the property where the artwork is to be displayed. 3. Arts & Culture Commission- The ACC will review all proposed public art permit applications for content and may develop its own criteria in addition to what is detailed in this policy regarding the recommendation for approval or denial of the permit. 5.6 Public Art Relative to Trees Decoration of city‐owned trees is limited and requires approval from the department or body responsible for the property where the trees are located. 1. Department of Public Works for trees located along the public ways or on other property managed by the DPW. 2. Department of Recreation, Arts & Parks for trees located in parks and other property managed by RAP. 3. Trees located on conservation land under the jurisdiction of the Conservation Commission would require the approval of that commission. 4. Trees located on the property of any other department such as the Library, Police, Fire or Airport departments would require the approval of those departments. 5.7 Relation to Sign Code In placing and supporting public art on City owned and/or controlled sites, the City acts as a patron of the arts and as a regulator. Public Art Permits approved under this policy is subject to all City codes to include the sign provisions in the Zoning Ordinance as well as building code requirements. City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Public Art Policy Number Effective Date Last Revision Page No. ADM-136 7/9/2021 Page 9 of 11 Approved by: 5.8 Ownership/Copyright/Reproduction/Re-siting/Resale A. Work purchased, commissioned or accepted as a donation shall be the property of the City. B. The City intends that the work shall remain accessible to public viewing for as long as the City owns the work. C. The City retains the right to transfer work from one City-owned site to another, as it deems necessary, to place the work in storage, in another facility, or to make a temporary loan to another agency or organization. D. The City retains the right to deaccession works of arts it no longer desires to retain as a component of public art. 5.9 Deaccessioning Works of Art Deaccession is a procedure for withdrawal of a work of art from city ownership. This may be recommended by the Arts & Culture Commission when the artwork has deteriorated or been damaged and repair is unfeasible, or when it has been determined by the Commission to be no longer appropriate for the site or for the City’s public art collection. A work of art may be deaccessioned by the City Manager for the following reasons: 1. Destruction, either by deterioration, vandalism, or accident to such an extent that repairs or restorations are impractical or unfeasible. 2. On-going maintenance has become impossible or is prohibitively expensive. 3. Required changes by the City at the site will destroy the integrity of the work because of its relationship to the site. 4. The authenticity, attribution, or genuineness of the item is determined to be false or fraudulent. City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Public Art Policy Number Effective Date Last Revision Page No. ADM-136 7/9/2021 Page 10 of 11 Approved by: 5. Violation of this policy. 6. The license agreement has expired or has been terminated. 7. The project has not been completed during initially agreed upon timeframe; abandonment. 8. The project is deemed to be unsafe or caused the location or surroundings to be unsafe. 9. The City wishes to replace the artwork with a piece of more significance. 5.10: Graffiti Park at Riverside Community Park Public art may be painted by any member of the public on any of the 8 white aluminum composite panels at the Graffiti Park. Art painted at the Graffiti Park is not subject to the other provisions listed in this policy, but the following rules must be followed: 1. No hate speech, profanity, pornography, gang references, illicit drug References, Extreme or Gratuitous Violence, or any other Content which would be prohibited from public display due to its graphic, obscene or pornographic nature. Any violation for the restricted content listed above will be immediately covered and violator could be prohibited from painting in the Graffiti Park. 2. Respect other artists work by not defacing any previously painted art. If there are no panels available, artists may cover existing art in any one color spray paint and begin a new painting. 3. Spray paint is the only allowed medium. No alterations to the panel structures or additions to the Graffiti Park are permitted. 4. Lebanon Recreation, Arts & Parks has the right to reset walls to white at any time regardless of the art displayed. 5. Commercial advertising is prohibited in the Graffiti Park. Section 7.0: References (Charter/Code/State Statues) 1. Asphalt Art Guide, How to Reclaim City Roadways and Public Infrastructure with Art, Bloomberg Associates 2019 2. NH RSA 236:55 Prohibition, regarding lighting along a highway City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES Public Art Policy Number Effective Date Last Revision Page No. ADM-136 7/9/2021 Page 11 of 11 Approved by: 3. City of Lebanon, Zoning Ordinance Section 8.0: Policy & Procedure Revision History Section Revisions Date Original Adoption 7/9/2021 Amendment Amendment Amendment