The purpose of this chapter is to establish guidelines, procedures and standards for the integration of public art into development projects in the town. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community. The presence of and access to public art enlivens the public areas of buildings and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. A wealth of art and culture in the public realm will foster the economic development of the community.

(Ord. 8(2008) § 4)

   This chapter shall apply to projects that have a public art component in the approved development plan, as part of a special development district or an exterior alteration or modification in the Public Accommodation (PA), Public Accommodation-2 (PA-2), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2) and Ski Base/Recreation 2 (SBR2) districts.

(Ord. 8(2008) § 4)

   (A)   Eligible public art. The following, when produced in limited edition, shall be considered eligible as public art:

      (1)   Attached or site integrated art elements such as passageways, bridges, street furniture, paving materials or artistic features within a garden;

      (2)   Mosaics, painted murals or terrazzo covering walls, floors and passageways;

      (3)   Independent or freestanding sculpture;

      (4)   Interdisciplinary artwork including the written word, glass, photography, sound, video or any other multimedia works of art appropriate for the site;

      (5)   Earthworks or the integration of natural and human-made materials in the landscape;

      (6)   Fountains and water features;

      (7)   Works that are decorative, ornamental or functional elements of the architecture and that contemporary approaches sculpture, site furnishings, earthwork and the like are welcomed; or

      (8)   Any other project deemed eligible by the AIPPB.

   (B)   Ineligible public art. The following shall not be eligible as public art:

      (1)   Reproductions or unlimited editions of original work;

      (2)   Directional elements such as supergraphics, signage or graphic elements already part of the project; or

      (3)   Business or corporate logos or signage.

   (C)   Professional artist. The public art project shall be designed by an artist that meets at least two of the following criteria, provided that emerging artists who demonstrate a high level of competence, ability to create unique artistic enhancements, understanding of mediums and relationship of artwork to the site may be acceptable at the discretion of the AIPPB.

      (1)   The artist has obtained a Bachelor of Fine Arts or Master of Fine Arts from an accredited college or university.

      (2)   The artist has exhibition experience in a professional context (i.e., galleries, museum, art centers or other exhibit venues).

      (3)   The artist has received peer recognition such as honorable mentions, awards, prizes, scholarships, appointments or grants.

      (4)   The artist is pursuing his or her work as a means of livelihood and/or a way to achieve the highest level of professional recognition.

      (5)   The artist’s work has been discussed in a published writing.

      (6)   The artist’s artwork has been held in public or private collections.

   (D)   Location. Public art shall be installed in a location that is open to the public and is visible from a pedestrian or vehicular way. Locations include, but are not limited to, community hubs or gathering places, portals, entrances or gateways, adjacent to sidewalks, adjoining parks and plazas, integrated into the floors, walls and ceilings within public areas and high traffic areas or areas along a bus route. The public art shall be located on site unless otherwise permitted to use town owned property or right-of-way by the Vail Town Council.

(Ord. 8(2008) § 4)

   (A)   Public art plan required. When required, the applicant shall submit a public art plan for review by the Art in Public Places Board. The Administrator may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. The public art plan shall include the following:

      (1)   Site plan showing location of art;

      (2)   Elevations and/or renderings of the project including public art component;

      (3)   Written description of proposed type of public art;

      (4)   Project schedule, including project and public art installation schedule;

      (5)   Representations of the artwork (i.e., drawings, pictures of similar works by the artist);

      (6)   Estimated public art budget, for purposes of determining the amount of performance bond; and

      (7)   A written description of the maintenance plan.

   (B)   Final review. Within 30 days of submittal of the public art plan, the AIPPB shall review the public art plan at a regularly scheduled public hearing and shall make a determination of approval, approval with conditions or modifications, or denial, based on the requirements in subsection (C) of this section. The Design Review Board shall not have purview over any aspect of the public art within the project.

   (C)   Criteria for review of public art plan. Prior to approving a public art plan, the AIPPB shall find that the public art plan meets all of the following criteria.

      (1)   Compatibility with the site. Works of art shall be contextual to the site, and be compatible in style, scale, material, form and content with their surroundings, and should enhance the relationships between the natural and human-made features of the site.

      (2)   Location. The public art shall be viewable from public spaces, and shall be accessible to the public.

      (3)   Compatible with the architecture. Works of art that are decorative, ornamental or functional elements of the architecture shall be contextual to the architectural design of the building(s).

      (4)   Scale. The scale of the artwork shall be commensurate with the scale of the development or redevelopment project.

      (5)   Public safety. Public art shall not create safety issues.

      (6)   Permanence. Public art that requires expensive or continual maintenance is discouraged. Public art shall be resistant to theft and vandalism.

   (D)   Appeals. AIPPB decisions may be appealed in accordance with the provisions in § 12-3-3, “Appeals”, of this title.

(Ord. 8(2008) § 4)

   All public art installations that are not complete prior to issuance of a certificate of occupancy for the project will require a performance bond equal to 125% of the estimated cost of the public art outlined in the public art plan. The public art shall be installed as outlined in the approved public art plan within one year after issuance of certificate of occupancy for the project, or the town may use the performance bond to complete the public art installation. Following installation, applicants shall schedule a final inspection with the Administrator. Upon a determination by the Administrator that the public art installation is complete and in compliance with this code, the town shall release the performance bond.

(Ord. 8(2008) § 4)

   Public art shall be maintained as outlined in the public art plan. Maintenance of the public art shall be the sole responsibility of the current property owner in perpetuity, and this obligation shall be deemed to run with the land. Failure to maintain public art in compliance with the public art plan shall be considered a violation of this chapter, subject to the penalties found in § 12-3-9 of this title.

(Ord. 8(2008) § 4)