[HISTORY: Adopted by the Township Council of the Township
of Little Falls 9-8-2014 by Ord. No. 1197;[1] amended in its entirety 7-22-2019 by Ord. No. 1368. Subsequent
amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
20, but was renumbered to maintain the organization of the Code.
This chapter shall be known and may be cited as the "Filmmaking"
ordinance of the Township of Little Falls.
Immediately upon adoption of this chapter, the Township Clerk
shall file a copy of this chapter with the Passaic County Executive
and the New Jersey Motion Picture and Television Commission.
It is hereby established that all matters relating to filmmaking in the Township of Little Falls will be heard and approved, waived and/or denied by the Township Administrator. Appeals from the Township Administrator's decision can be made to the Township Council of the Township of Little Falls by formal letter stating the objections to the Administrator's decision. Filmmaking is defined as photography (whether still or motion picture) and/or audio recording, that is recorded to film or any other medium, digital, analog, or otherwise, that has or has not been currently invented." This chapter does not seek to regulate, control or restrict any personal or family filmmaking, videotaping or still photography. Private wedding and family event productions are exempt, even when made on public property using professional photographers and videographers, so long as the final product is for personal use only. Weddings and events that will be used for any use other than distribution to family and friends (people who personally know the subjects) are not exempt (i.e., reality shows, etc.). Other exemptions on public property include news coverage and student productions. Permanent commercial film production facilities which have met all zoning and building codes requirements for certificates of occupancy are specifically exempt from the provisions of Chapter 73, Filmmaking, unless a specific production will impact outside of the facility (lighting, sound, off-site parking, etc.).
The Township Administrator or Council may employ or contract
for the services of experts and other staff and services as it may
deem necessary.
The Township Council shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purpose
of this chapter. Filmmaking on public property and filmmaking on private
property that will be disruptive to the Township residents and businesses
that are not part of the production shall be delineated in this code
section. The determination between whether a production needs approval
or permits will not be determined on a private vs professional basis
but will be based on the size of the production.
Anyone desiring to conduct filmmaking on public property or
a large production on private property shall submit an application
to the Township Administrator the application instructions are set
forth on the application document.
A.Â
Application for final approval shall be granted or denied within
60 days of the submission of a complete application or within such
further time as may be consented by the applicant.
B.Â
Final approval shall expire seven days from the designated start
date established by the Township at the time of approval.
C.Â
Extensions will be considered based upon need and will not be unreasonably
withheld.
A.Â
Applications for filmmaking within the Township of Little Falls shall
be filed with the Township Administrator's office.
B.Â
The following shall be delivered to the Township Clerk for all large
productions:
(1)Â
A location map, including the nearest cross streets and 10 copies
of the location map.
(2)Â
The original application document and 10 copies of an application
in a form for approval by the Township Administrator.
(3)Â
An administrative review of the application is to be completed by
the Mayor, Administrator, Police Department, Fire Department, Zoning
Officer and Emergency Management Coordinator, upon completion of the
review the Township Administrator shall approve or deny the application
within the time prescribed herein.
(a)Â
The report shall contain, but not be limited to, the following:
(b)Â
Said report shall be used as a basis to determine the need for
Township involvement in the filmmaking operation. All costs incurred
by the Township of Little Falls for the health, safety, and welfare
of residents and visitors will be borne by the applicant.
(4)Â
Permit fees.
(a)Â
On public property:
[1]Â
Small production, less than five people on-site involved in
the production: $10.
[2]Â
Medium production, five to 20 people on-site involved in production:
$100.
[a]Â
Small or medium sized productions on private property, whether
personal or professional, that do not disrupt the surrounding area
will not require a permit fee and no location fees will be charged.
However, a disruption, including but not be limited to, excess parking
of vehicles in the area, visible lighting from inside that is greater
than what is customary for a business or residence, external lighting
that disrupts traffic, external lighting at night, public visibility
of the action being filmed, loud or frequent noises related to the
production, generators, etc. In cases where disruptions occur, location
fees will be charged to mitigate those impacts.
(b)Â
Note: People involved in a production include all individuals
involved in the production whether paid or unpaid, including, but
not limited to, crew, talent, interview subjects, craft services,
medical personnel, publicists, production staff, media coverage of
the production itself, interns, observers, guests, and onlookers.
Permits do not include exclusive access to an area unless expressed
in the permit. Exclusive access requires a police presence and therefore,
a location fee.
(5)Â
Location fees.
(a)Â
Location fees may be applied to any size production noted above in Subsection B(4)(a)[1], [2] or [3] as needed whether they will take place on public or private land. Location fees shall be determined at the discretion of the Business Administrator with the Mayor's approval. Location fees shall be paid to the Township prior to the commencing any filming or production work.
(b)Â
The Business Administrator shall consult with the department designated in § 73-8B(4) as necessary to determine the impact to the Township. Location fees will include, but not be limited to costs incurred by the Township because of the production such as police, fire, or EMS personnel required on set, closing of streets, traffic concerns due to vehicles, infrastructure concerns, required presence of a utility, protection of neighboring properties.
A.Â
Rules. Appeals from the Township Administrator's decision. The
Township Council shall make rules governing the conduct of the hearings
before it. A hearing shall be held for each application appeal submitted.
B.Â
Testimony. The testimony of all witnesses relating to the application
for filmmaking shall be taken by the Township Attorney, and the right
of cross examination shall be permitted to all interested parties
through their attorneys, if represented, or directly if not represented,
subject to the discretion of the Township Attorney and to reasonable
limitations as to time and number of witnesses.
C.Â
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Township Council may exclude irrelevant, immaterial
or unduly repetitious evidence.
A.Â
The applicant shall give notice of the hearing as follows:
(1)Â
Public notice shall be given by publication in the official newspaper
of the Township of Little Falls at least 10 days prior to the date
of the hearing.
(2)Â
Notice shall be given to the owners of all real property, as shown
on the current tax duplicate or duplicates, located within 500 feet
in all directions of the property which is the subject of such hearing
and whether located within or without the Township of Little Falls
in which the applicant wishes to conduct filmmaking in accordance
with this chapter. Such notice shall be given by serving a copy of
the application on the owner as shown on said current tax duplicate,
or his agent in charge of the property, or by mailing a copy thereof
by certified mail to the property owner at the address as shown on
said current tax duplicate. A return receipt is not required. Notice
to a partnership owner may be made by service upon any partner. Notice
to a corporate owner may be made by service upon its president, vice
president, secretary, or other person authorized by appointment or
by law to accept service on behalf of the corporation.
(3)Â
Notice shall be given by personal service or by certified mail to
the Passaic County Freeholders and the New Jersey Motion Picture and
Television Commission.
B.Â
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Township Council.
C.Â
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing and the filing of domestic return
receipt documents (PS Form 3811) with the Township Clerk.
D.Â
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matter to be considered and identification
of the property proposed to conduct filmmaking by street address,
if any, or by reference to lot and block numbers as shown on the current
tax duplicate in the Township Tax Assessor's office and the location
and times at which any maps and documents for which approval is sought
are available as required by this chapter.
The Tax Assessor of the Township of Little Falls shall, within seven days after receipt of request therefor and upon receipt of payment of a fee of $50 make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 73-9 of this chapter.
A.Â
Each decision on any application appeal for filmmaking shall be set
forth in writing as a resolution of the Township Council.
B.Â
A copy of the decision shall be mailed by the Township Clerk within
10 days of the date of decision to the applicant or, if represented,
then to the attorney of record without separate charge. A copy of
the decision shall also be mailed to all persons who have requested
it and who have paid the fee of $5 to the Township Clerk in advance
of the decision. A copy of the decision shall also be filed with the
Passaic County Executive and the New Jersey Motion Picture and Television
Commission.
A.Â
The requirements of this chapter shall be enforced by the Little
Falls Police Department. If the Police Department finds filmmaking
being conducted in the Township of Little Falls without the appropriate
approval by the Township Administrator or Township Council, all activities
relating to and in support of filmmaking will cease immediately and
summonses will be issued to the property owner and the filmmaking
company. Both the property owner and the filmmaking company shall
appear in the Township of Little Falls Township Municipal Court.
Violations of the provisions of this chapter shall be punishable
as follows: