When a project is subject to the requirements of this subchapter, the developer shall comply with provisions of either divisions (A) or (B) of this section or a combination of both.
(A) Artwork contribution.
(1) When project costs equal or exceed $300,000, the project developer shall acquire and install artwork in a public place on or in the vicinity of the project site as approved by the City Council pursuant to this subchapter.
(2) The cost or value of such artwork shall equal not less than 1% of the total project costs excluding land.
(3) The developer may acquire and install artwork in a public place not on the developer’s property, subject to approval by the City Council. Installation of artwork not on the developer’s property shall be permitted if the City Council and the developer agree that installing the artwork on the developer’s property would not achieve the purposes of the Heritage Artwork in Public Places Program or would cause the artwork to be so isolated as to make it minimally visible to the public at large.
(B) In-lieu contribution.
(1) Pursuant to § 38.47, the Heritage Artwork in Public Places Fund (the “Fund”) is created. When project costs equal or exceed $300,000, the developer has the option to pay to the Fund an amount equal to 1% of the total project costs excluding land. This payment shall be made in lieu of acquiring and installing artwork.
(2) The in-lieu payment shall be made by the developer prior to issuance of a building permit, unless otherwise provided by the City Council.
(Ord. 909, passed 4-27-00; Am. Ord. 1018, passed 10-28-10; Am. Ord. 1054, passed 3-13-14)