§ 331-120.1. Private art betterments., Article XIII. Site Plan Approval, Chapter 331. Zoning, Part II. General Legislation, Code of Ordinances, New Rochelle

Purpose. Recognizing the overall benefits of publicly accessible art located on privately owned sites and the improvements such art can bring to the design, architectural excellence, neighborhood vitality and quality of life for the community as a whole, it is determined that any project in excess of 50,000 square feet of gross floor area shall provide, as part of the process of site plan approval by the New Rochelle Planning Board, a private art betterment as governed by this section. this private art betterment shall be mandated as part of the site plan review process with the further requirement that the private art betterment shall be at a scale commensurate with the proposed project and at a cost not less than 0.0025 multiplied by the construction cost of the project.

Definitions. As used in this section, the following terms shall have the meanings indicated:

APPROVING AUTHORITY: The Planning Board.

CONSTRUCTION COST: The construction cost of a project subject to site plan review, being the same cost used for purposes of determining the building permit fee payable under § 111-42C(1) of the City Code.

MUNICIPAL ARTS COMMISSION: The municipal commission existing under Sections 181 and 182 of the City Charter.

PRIVATE ART BETTERMENT: A construction of artistic merit located on private property which is easily visible and/or accessible to the public with the primary purpose of providing aesthetic expression to historical, emotional, spiritual, community or abstract themes.

PROFESSIONAL ARCHITECTURAL REVIEW COMMITTEE (PARC): A review committee created through § 331-117.1 of the Zoning Code.

Site plans subject to private art betterments.

(1)

Any application to the Planning Board for site plan approval filed pursuant to Chapter 331, Zoning, for any project in excess of 50,000 square feet of gross floor area shall include a plan for a private art betterment which shall be commensurate with the scale of the proposed project and shall be easily visible and/or accessible to the public.

(2)

The private art betterment shall be a condition of site plan approval, subject to final approval by the Municipal Art Commission.

[Amended 6-19-2018 by Ord. No. 2018-125]

Minimum cost for private art betterment. In all cases, there shall be a minimum threshold cost for the private art betterment which shall be not less than 0.0025 multiplied by the construction cost of the project. The estimated cost of the private art betterment shall be included as part of the site plan application, which cost shall be verified by the applicant prior to issuance of the first building permit for the project.

Determination by Municipal Art Commission. In making its determination to grant, deny, or grant with conditions the private art betterment as required under this section, the Muinicipal Art Commission shall consider the following factors:

[Amended 6-19-2018 by Ord. No. 2018-125]

(1)

Is the scale of the private art betterment commensurate with the overall scale of the project?

(2)

Is the private art betterment consistent with the surrounding environs and does it express a genuine artistic and aesthetic content?

(3)

The recommendation(s) made by the Municipal Art Commission and PARC and any response(s) to said recommendation(s) made by the applicant.

Editor's Note: This ordinance also provided for the repeal of former Subsection E, Visual impact analysis for private art betterment, and Subsection G, Incorporation of private art betterment in site plan. Former Subsections F and H were redesignated as Subsections E and F, respectively.

Payment in lieu of private art betterment. In lieu of providing a private art betterment as required by § 331-120.1C(1) of this article, an applicant for site plan approval may make a payment in satisfaction of this requirement prior to the issuance of the first building permit for the project subject to site plan approval, which fee shall be deposited to the City's Public Art Betterment Fund. This fund shall be used to provide arts to the benefit of the public. Such fee shall be paid in accordance with the payment schedule set forth in § 331-120.1D.

[Added 11-15-2016 by Ord. No. 239-2016]

Editor's Note: This local law also provided that this section shall apply to all projects which have not obtained site plan approval prior to the effective date of this local law.