As used in this chapter, these terms shall have the following
meanings:
FAMILY VIDEOS
The filming or videotaping of motion pictures solely for
private family use.
FILMING
The taking of still or motion pictures either on film, videotape,
or similar recording medium, for any purpose intended for viewing
on television, in theaters or for institutional uses.
MAJOR MOTION PICTURE
Any film which is financed and/or distributed by a major
motion picture studio, including but not limited to the following:
B.
Warner Brothers, including New Line Cinema, Castle Rock Cinema,
Village Road Show and BelAire;
C.
Paramount, including MTV Films and Nickelodeon Movie;
D.
20th Century Fox, including Fox Searchlight;
I.
Any film for which the budget is at least $1,000,000; and
J.
Recurrent television series programming.
MOTION PICTURE, TELEVISION PICTURES and STILL PHOTOGRAPHY
All activities attendant to the staging and/or shooting of
commercial motion pictures, television series, television movies,
and commercials and to the taking of single or multiple photographs
for sale or commercial use where the photographer sets up stationary
equipment in any one location for longer than five consecutive minutes.
NEWS MEDIA
Photography, filming, and/or videotaping for the purpose
of spontaneous, unplanned television news broadcast or reporting for
print media by reporters, photographers or cameramen.
PUBLIC LANDS
The areas, including but not limited to any public street,
highway, sidewalk, square, public park, playground, and other public
places, which are within the jurisdiction and control of the Borough
of Kenilworth.
STUDENT FILMS
Motion picture, television or still photography produced
to satisfy a course or curriculum requirement at an educational institution.
The student filmmaker must supply proof that he/she is currently enrolled.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., and all activity shall meet the standards of Chapter
134, Nuisances, of the Borough Code, provided that all requests for night scenes shall be approved in the permit to be granted in accordance with §
93-8 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
The Borough may authorize filming other than during the hours
herein described. In determining whether to allow an extension of
hours under this section, the Borough shall consider factors, including,
but not limited to, the following:
A. Traffic congestion at the location;
B. The applicant's ability to remove film-related vehicles off
the public streets;
C. Whether the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming;
D. The nature of the film shoot itself, e.g., indoors or outdoors, day
or night, on public or private lands;
E. Prior experience of the film company/applicant with the Borough,
if any; and
F. Whether there was consultation with the Borough Council.
Copies of the approved permit shall be sent to the New Jersey
Film Commission, as well as the Police and Fire Departments, before
filming takes place. The applicant shall permit the Fire Prevention
Bureau or other Borough inspectors to inspect the site and equipment
to be used. The applicant shall comply with all safety instructions
issued by the Fire Prevention Bureau or other Borough inspectors.
In addition to any and all other fees or costs mentioned in
this chapter, the applicant shall reimburse the Borough for any lost
revenue, including but not limited to repairs required to public property
and any revenues that the Borough was prevented from earning because
of the filming.
The schedule of fees for the issuance of permits authorized
by this chapter is as follows:
A. Basic filming permit: $300. Where an applicant requests a waiver of the provisions of §
93-3A, regarding expedited processing of the permit application, the basic filming permit shall be $500.
B. Daily filming fee payable in addition to basic filming permit: $500
per day.
C. Daily filming fee payable for filming a major motion picture: $1,500
per day.
D. Filming permit for nonprofit applicants filming for educational purposes:
a one-time fee of $100.
E. Overnight parking/use of Borough lot: $500 per day.
F. Use of Borough buildings: $1,500 per day.
G. Road closing: $1,000 for four hours.