§ 43.02 MEMORIALS AND MONUMENTS POLICY.
   (A)   Definitions. In addition to the common meaning of words, the following definitions shall be used in interpreting this section.
      DEDICATED BENCHES. To commemo- rate a person(s). All DEDICATED BENCHES are considered small memorials regardless of cost.
      DEDICATED TREES. To commemorate a person(s). All DEDICATED TREES will be considered small monuments regardless of cost, and may only be installed without a plaque.
      LANDSCAPE FEATURES. Memorials and monuments may also take the form of LANDSCAPE FEATURES, such as water fountains, trees or areas of the town that can be enhanced, redeveloped or reclaimed through the use of donor funds or bequests in commemoration of a person, event, or place as applicable.
      LARGE MEMORIALS AND MONUMENTS. Objects whose value (including design, installation, and the object itself) is greater than $1,000, such as monuments, works of art, busts, playground equipment, architectural items, or sculptures. Any plaque, except when mounted on a bench, will be considered a large monument.
      MEMORIAL. A statement, object or landscape feature intended to honor a person or event of historical significance. This does not include historical markers under the town’s Historical Marker Program.
      MONUMENT. An enduring physical object erected to commemorate the enduring historic significance or association of a notable person, event, place, or thing. This does not include historical markers under the town’s Historical Marker Program.
      PLAQUES. Except when mounted on a bench, shall be considered large monuments regardless of cost. This does not include historical markers under the town’s Historical Marker Program.
      SMALL MEMORIALS AND MONUMENTS. An enduring physical object or statement of historic significance whose value (including design, installation, and the object itself) is less than $1,000. All dedicated trees and benches are considered small memorials regardless of cost.
      TOWN-SPONSORED. A monument or memorial, approved by Town Council, for which town staff and/or elected officials are fully or primarily responsible for conception, design, and funding.
   (B)   Criteria. All review and approval of memorials and monuments shall be based on a totality of circumstances of the following criteria, with the town having full and final discretion.
      (1)   Cost estimate.
      (2)   Subject.
         (a)   Small memorials. The subject may commemorate an individual or event. Staff has authority to approve small memorial requests.
         (b)   Large memorials. The subject of a large memorial must demonstrate a high-level significance by meeting at least one of the following criteria:
            1.   The person or group has made an outstanding contribution to the cultural, political, or social development of the Town of Mount Pleasant, the State of South Carolina, the United States of America, or the international community;
            2.   The site or event is historically or culturally significant and/or represents an important and unique town or civic anniversary.
      (3)   Redundancy. Whether the person, event, or place is already memorialized elsewhere in the town.
      (4)   Design. Whether the proposed design fits the aesthetic integrity or interferes with the unique or cultural character of a public park or property.
      (5)   Content. Memorials must not contain content that demeans, ridicules, maligns, disparages, expresses bias or disrespect of any individual or group on the basis of race, color, religion, national origin, gender, age, disability, sexual orientation, marital status or any other protected class, is obscene, violates any town, state or federal law, or promotes violence.
      (6)   Noncommercial content. Memorial content must not commercially benefit any company or entity.
      (7)   Location.
         (a)   The proposed site or location is consistent with and does not interfere with the master plan for the site. The proposed location will not compromise the aesthetic integrity or interfere with the unique or cultural character of the area.
         (b)   The applicant must demonstrate why the selected site is appropriate and provide sufficient justification for the memorial being in that location. Where appropriate, preference will be given to co-location of new memorials within a site of common interest.
         (c).   Consideration will be given to existing uses of the proposed location, with a goal of preventing a memorial from disrupting appropriate public use of town park and recreation facilities.
      (8)   Risk assessment. An assessment of potential risks created by placing the proposed memorial or monument at the proposed location will be undertaken by the town’s Risk Management Department and Public Works Department, with resulting opinions forming part of the decision-making process. This will include an evaluation of any potential costs to the town.
      (9)   Artistic and design merit. Artwork must be approved by and meet artistic and design merit standards as determined by the town’s Culture, Arts and Pride Commission.
      (10)   Historic district. Memorials and monuments proposed within the town’s historic district shall be reviewed for consistency with the town’s Historic District Preservation Commission.
   (C)   Application process.
      (1)   Small memorials.
         (a)   To install a small memorial, bench, or tree at a town park or on town property, an applicant shall submit a written application to town staff. The application will be reviewed by town staff who will approve or deny the installation of the small memorial, bench or tree.
         (b)   Town staff has the authority to approve or deny applications for small memorials based on the criteria in division (B).
      (2)   Large memorials.
         (a)   Application for a non-town- sponsored and a town-sponsored memorial at a town park or on town property.
            1.   Applicants wishing to install a large memorial at a town park or on town property shall submit a written application, including conceptual plan, to town staff for review.
            2.   Town staff will review and recommend approval or denial of the request to install the memorial at the proposed town park or on town property, based upon the criteria listed in division (B), Town staff shall forward the application to the following town departments, boards, or commissions, if applicable, for evaluation and recommendation of approval or denial of the application:
               a.   Historical Commission;
               b.   Design Review Board;
               c.   Risk Management and Public Works Departments;
               d.   Historic District Preser- vation Commission (only reviews applications for large memorials located in the historic district);
               e.   Culture, Arts and Pride Commission (only reviews applications involving art).
         (b)   After review by town staff and any applicable town departments, boards, or commissions, town staff shall submit the application to the Planning Committee for review at a regularly scheduled Committee meeting, which will take all comments into consideration when making a final recommendation regarding whether the application should be approved or denied. The Planning Committee may also refer the application to the town departments, boards, or commissions, as listed in division (C)(2)(a)2. If the Planning Committee recommends approval of the application, then the application shall be submitted to Town Council for approval at a regularly scheduled Town Council meeting.
      (3)   The application process under this division shall not apply to memorials or monuments identified by Town Council during the meeting of Council to enact this section.
      (4)   After receiving recommendations from the Historical Commission, and any other applicable town departments, boards, or commissions, Town Council shall, by a two-thirds vote of Council assembled, be able to relocate, disassemble, or remove and dispose of any memorial or monument on town property, subject to the limitations of state law.
      (5)   Temporary and unapproved memorials. Town staff shall, upon proper notice, have discretion to relocate, disassemble, or remove and dispose of any temporary or unapproved memorials placed on public property or within a public right-of-way within town limits. If the temporary or unapproved memorial poses an immediate risk to public safety or is an obstruction to traffic, town staff may remove the temporary or unapproved memorial to a place of safety pending a final decision.
   (D)   Roles and responsibilities.
      (1)   Cost and funding. For memorials that are not town-sponsored, all costs associated with designing, constructing, and maintaining the memorial will be covered in full by the applicant, unless otherwise agreed upon in an installation and maintenance agreement approved by Town Council.
      (2)   Installation and maintenance.
         (a)   Small memorials. 
            1.   Unless otherwise addressed by a written installation and maintenance agreement, the town shall install and maintain the small memorial for a minimum of five years. After that, the town will maintain the small memorial subject to any changes to town park or town property master plans.
            2.   All dedicated trees will be maintained or replaced for a minimum of five years by the town. After that, the town will maintain the tree subject to all protections and priorities when considering any changes to town park or town property master plans.
         (b)   Large memorials. Unless otherwise covered by installation and maintenance agreement, all large memorials must be maintained by the applicant for the first five years.
      (3)   Ownership. All memorials placed or commissioned at a town park or on town property within the town are deemed to be under control of the town and managed in accordance with standards established by Town Council.
(Ord. 22065, passed 1-10-23)