§ 78-129. Public art assessment for private development.

(a)

Applicability. The provisions of this article and the public art assessment section shall apply to all private development projects, including new construction, or the renovation or improvement of an existing building, where total construction costs are equal to or greater than $750,000.00. All buildings within new planned developments shall be assessed cumulatively towards this art in public places requirement, even if the buildings are permitted separately or developed in phases. The provisions of this section apply to new development or new construction within existing planned developments.

(b)

Requirements. All private development meeting the applicability requirements of this section shall be assessed a sum in accordance with this section, which funds shall be utilized for public art in accordance with this article. Notwithstanding the foregoing, the public art assessment for any single project shall not exceed $2 million. All applicable private development shall be required to elect one of the following within 90 days of the issuance of the first building permit for any portion of the project:

(1)

Option 1: Submit documentation evidencing the escrow of funds for a work of art or historic or cultural elements valued in an amount not less than one percent of the total construction costs, and submit an application for approval of the work of art or historic or cultural elements, in compliance with this article. If a local artist will be commissioned to provide a work of art, the work of art shall be valued at not less than 90 percent of one percent of the total construction costs; or

(2)

Option 2: Contribute an amount equal to 80 percent of one percent of the total construction costs for deposit to the art in public places fund. The public art assessment shall be paid in full prior to the issuance of a certificate of occupancy; or

(3)

Option 3: Submit documentation evidencing the escrow of funds for a work of art or historic or cultural elements valued in an amount less than one percent of the total construction costs and contribute 80 percent of the balance of the public art assessment (one percent of the total construction costs) for deposit in the art in public places fund.

(4)

Option 4: Submit documentation evidencing the escrow of funds for a work of art or historic or cultural elements valued in an amount not less than one percent of the total construction costs, which art will be part of a private art program that meets all requirements of a private art program.

(Ord. No. 4635-16, § 1, 5-9-2016)