Developer Contributions
Note: A developer's contribution to public art is not a separate process, but is carried out as part of the rezoning, development permit and building permit approval process.
PurposeThe main objective of the City of Richmond's Percent for Public Art Policy is to encourage developers to provide 0.5% of the estimated construction costs of an eligible development to public art.
In this way, developers can enhance and humanize the public realm in private developments and in the City in general by:
- Providing high-quality art in publicly accessible spaces; and
- Creating exciting, harmonious and people friendly spaces, streets and development.
Public art can be many different features, including fountains, landscapes, wall reliefs, building elements, murals and functional elements (e.g. benches or sidewalk inlays, etc.).
Eligible Developments
The developments for which developers are encouraged to contribute to public art include:
- Residential building proposals with 20 units or more; or
- Non-residential building proposals with a gross floor area of 2,000 m or more.
The exceptions are:
- Calculation of public amenity spaces in new development; Developments which include care facility, congregate care facility, childcare facility, hospitals, schools and related uses; Purpose built rental, social and/or affordable housing projects and units; Parking, storage, and utility areas, except where they are a primary use; and Industrial development warehouse and storage uses.
- Developers select a public art option, prepare a plan, select a public art site, identify the project parameters and implement the project.
- City Staff advise and work with developers to manage the public art selection as per the City's Public Art Program policies.
- The Public Art Commission assists the developer, City staff and artists in preparing a public art plan, approving the public art, recommending it to Council and advising on implementation.
- Council's role is to ensure that the Public Art Program is implemented appropriately, to approve developers' public art contributions at the rezoning and development or building permit stages, and to approve recommended public art.
- Jury's role is to select the best artist and artwork that meets the public art project's design parameters, theme and locational conditions, as outlined in the public art competition call terms of reference.
The amount encouraged for developer public art contribution is calculated as 0.5% of the estimated construction costs (as noted on the development and building permit forms) as determined by the Urban Development Division.
For example, if a development costs $10 million, the developer's public art contribution would be $10,000,000 x 0.005 = $50,000.
Budget items for public art include:
- Preparing a public art plan;
- Artist selection and consultation costs;
- Art materials, fabrication and installation;
- A public relations program; and
- Administration costs.
There are three options for developers to participate in The Percent for Public Art Policy:
Option 1 - Developer Donates Cash to City's Public Art Statutory Reserve Fund
Developers may donate 0.5% of the value of an eligible development's estimated construction cost to the City's Public Art Statutory Reserve.
It is encouraged, that for public art budgets which are less than $25,000 (e.g. for developments of less than $5 million), a monetary contribution be made to the City's Public Art Statutory Reserve Fund.
This approach enables developers to support public art and the City to pool contributions. In this way, the benefits of these contributions are maximized and administration costs for all are reduced.
The City's intent is to spend these funds on public lands in the general vicinity of a developer's project.
Payment - Developers are asked to provide their cash contribution for public art to the City before a development or building permit is issued.
OR
Option 2 - Developer Funds and Manages Public Art
Developers may commission artworks through a City staff and Public Art Commission assisted juried public art competition equal to 0.5% of the estimated development construction cost.
A public art consultant is retained by the developer to work with the developer and City to manage the public art project process.
This public art project is actually owned by the development proponent.
Alternatively, the developer may commission an artist to create a public art project, subject to the developer preparing a public art plan that describes the selected public art site(s) and concept; artist(s); budget allocations; schedule re: design, construction, installation and documentation; public participation proposed; progress reports; anticipated needs for property dedication or encroachment; and proposed maintenance plan. The public art plan is to be endorsed by the Public Art Commission prior to it being implemented.
OR
Option 3 - Developer Funds and the City Manages Public Art
Developers may allow the City to manage their public art project (e.g. planning, competition and selection process).
This option allows developers to dedicate funds to the creation of public art and to minimize administration costs.
A small portion of the project budget (3%-5%) will be used by the City to cover administration costs for the public art selection process.
Procedures1) Option Selection Phase
When developers apply for development approval (e.g. rezoning, development permits, building permit) they will be advised by the City's Planning and Development Department staff if they are encouraged to participate in The Percent for Public Art Policy.
Developers selected are asked to meet City Heritage and Cultural Services, Public Art Program staff, to discuss the public art project details.
Developers are requested to advise staff of the option which they have selected.
The planning and approval process will be co-ordinated through:
City Contact:
Heritage and Cultural Services
Parks, Recreation and Cultural Services Department
City of Richmond
6911 No. 3 Road
Richmond, BC V6Y 2C1Phone: 604-247-4612
Fax: 604-276-4132
The developer and City staff agree upon one of the above public art options and a contribution amount.
2) Approval
The Planning and Development Department will include the selected public art option in its final rezoning or development permit report to Planning Committee, Development Permit Panel, and City Council.
Council approves the public art arrangement.
3) Implementation Phase
a) Payment/Security
For Option 1Developers make their contribution to the City's Public Art Statutory Reserve Fund.
For Options 2 and 3 Developers make their contributions for public art to the City's Public Art Statutory Reserve Fund, or provide a letter of credit, to the City before a development permit or building permit is issued, whichever takes place first.
Letters of credit are released after the City staff accept the built public art.
b) Preparation of a Public Art Plan
In co-operation, all aspects of public art projects must be presented to the Public Art Commission for approval, prior to project initiation.
Options 2 and 3 involve developers preparing a public art plan which addresses:
- The policies and guidelines under the "Richmond Public Art Program, Policy Plan and Implementation Actions" report;
- Panel composition and selection;
- The public art opportunities;
- The locations for the specific project;
- Time lines;
- A public art budget;
- Method of artist selection (e.g. proposal call and terms of reference);
- Potential artists; and
- A public relations program.
Public Art Opportunities and Site PotentialIf the development schedule allows, the public art plan may be initiated and approved by the Public Art Commission in two stages:
- The first part includes the public art site, budget, themes, time lines, and method of artist selection; and
- The second part includes selecting an artist, the panel composition, selecting the public art and implementation.
The Public Art Commission will review a developer's public art plan and advise on any changes required.
c) Approval of Public Art Plan
The public art plan is approved by the Public Art Commission.
d) Implementing the Public Art Plan
Time
Generally speaking, the average public project takes:
- Approximately three months to select the artwork; and
- Approximately four months plus to execute and implement.
Opportunities to reveal some aspect of the social, political or physical context of the site through public art should be pursued.
If the project is large enough, the plan should include a balance of different kinds of public art.
Because public art is a valuable commodity to be enjoyed and experienced in the public domain, the sites identified should be the most publicly accessible parts of the development.
Artists Proposal CallThe Artist Proposal Call and Terms of Reference for the preparation of a public art plan are approved by the Public Art Commission, specifying the process involved, the actual public artwork, and its location.
It should be drafted at the earliest possible stage in order to create a well-balanced program which can be successfully integrated with the rest of the development.
The time line should offer an opportunity for early collaboration among the developer, the City, artists, design teams and the Public Art Commission.
The public art planning process includes:
- Prepare and finalize Artists Proposal Call and Terms of Reference;
- Form a panel to select artist and the artwork;
- Initiate public art call (e.g. newspaper ads);
- Hold information meeting for artists;
- Hold first panel meeting to review submissions, and select short listed artists and proposals;
- Disburse funds to artists for final detailed sketch or maquette (model) presentation;
- Hold second panel meeting to review finalists and select artist and public art project; and
- Developer and selected artist sign contract and initiate project implementation highest quality.
While the composition of the panel must have a majority of professional art expertise, the owner or representative is encouraged to be part of the jury process. Normally, the jury consists of three to five people.
The jury makes the remaining decisions.
- Method of Artists Selection - The Public Art Commission seeks to ensure fair, informed and competitive processes. Artists may be selected through an open competition, or short-listed for limited competition. - All financial contracts are negotiated between the applicant and the artists involved. - The panel selects the artist and the artwork.
- Potential Artists Artists should be considered on the basis of past experience and have the proven capability and experience to produce artworks.
- Public Relations Program Developers have realized that a public art can enhance their corporate image by better relating their new development to the community as a whole. As a result, a public relations program is an important component of a public art project. Such programs may include: news releases, newspaper articles, opportunities for public comment, media events, official openings, City brochures, maps and guides and public tours.
- Documentation at project completion, the artist prepares a documentation report on the artwork with project description, design process, maintenance program and slides of the completed work, and presents a copy to the developer/owner and the City. Public Art Commission accepts the built public art.
- Public Art Project Completion & Sign Off, the artist, developer and City jointly agree on project completion date and final sign off.
- Acceptance the artist, developer and City jointly accept the built public art.
- Maintenance it will be the developer's responsibility to ensure that the artwork is accessible and functioning at times when the public has access to the site. For example, in open spaces, a fountain should be operating in the evenings and on weekends for the benefit of the public.
If located on private property, the continued maintenance of the artwork will be the responsibility of the developer.
If the art is located on public lands within the development and is donated to the City, a separate maintenance endowment will be required.
