Township of East Brunswick, NJ Chapter 101 Filming

[HISTORY:[1] Adopted by the Township Council of the Township of East Brunswick 11-28-2022 by Ord. No. 22-27; amended in its entirety 6-12-2023 by Ord. No. 23-16. Subsequent amendments noted where applicable.]

[1] Editor's Note: Former Ch. 101, Fire Prevention, adopted 3-13-67 as Ord. No. 67-68, was repealed 9-9-85 by Ord. No. 85-696, effective December 31, 1986. See Chapter 102, Fire Safety.

§ 101-1 Findings.

The Township Council finds and determines as follows:

A. The Township receives requests from time to time from television and movie film companies seeking to perform a movie, television or commercial shoot, by either a continuous video or single or multiple still pictures, on Township-owned property, public rights-of-way or privately owned property. Filming often involves large numbers of crew members and actors, as well as equipment, trailers and motor vehicles. Filming also has the potential to disrupt traffic along public roads, driveways providing access to public roads, parking and access on private parking areas, as well as the potential to disrupt the peace and quiet of residential neighborhoods.

B. The Township desires to be supportive of the film industry, pursuant to the guidance and certification requirements under the New Jersey Motion Picture and Television Commission's (NJMPTVC) Film Program New Jersey initiative, while at the same time protecting the businesses and residents of the Township from any negative impacts resulting from filming.

C. The requirement for a filming permit issued by the Township will balance the needs of the film industry, the Township and its taxpayers, and promote safety and welfare.

§ 101-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FILMING

The taking of still or motion pictures either on film or videotape or similar recording medium, for commercial or educational purposes intended for viewing on television, in theaters or for institutional uses. The provisions of this chapter shall not be deemed to include filming of news stories or public and private events within the Township of East Brunswick.

MAJOR MOTION PICTURE

Any film which is financed and/or distributed by a major motion picture studio, including, but not limited to, the following:

A. Universal Pictures.

B. Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show and Bel-Aire.

C. Paramount, including MTV Films and Nickelodeon Movie.

D. 20th Century Fox, including Fox Searchlight.

E. Sony/Columbia.

F. Disney/Miramax.

G. MGM United Artists.

H. Dreamworks.

I. Any major streaming service, such as Netflix, Hulu, or Amazon Prime Video.

J. Any film for which the budget is at least $5,000,000.

K. Recurrent weekly television series programming.

PUBLIC LANDS

Any and every public street, highway, sidewalk, square, public park or playground or any other public place within the Township which is within the jurisdiction and control of the Township of East Brunswick.

§ 101-3 Permit required.

A. No person or organization shall film or permit filming on public or private land within the Township of East Brunswick without first having obtained a permit from the office of the Municipal Clerk, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. Said permit must be readily available for inspection by Township officials at all times at the site of the filming.

B. All permits shall be applied for and obtained from the office of the Municipal Clerk during normal business hours. Applications for such permits shall be in a form approved by the Municipal Clerk and be accompanied by a permit fee in the amount established by this chapter in § 101-12 herein.

C. If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Municipal Clerk may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this permit.

§ 101-4 Issuance of permit.

A. No permits will be issued by the Municipal Clerk unless applied for prior to five days before the requested shooting date; provided, however, that the Township Business Administrator may waive the five-day period if, in their judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.

B. No permit shall be issued for filming upon public lands unless the applicant shall provide the Township with satisfactory proof of the following:

(1) Proof of insurance coverage, naming the Township as an additional insured, and where appropriate as loss payee, with insurers carrying a Best rating of B+ or better, as follows:

(a) General liability: $1,000,000.

(b) Excess/umbrella liability: $2,000,000.

(c) Automobile and privately owned vehicles: $1,000,000.

(d) Third-party damages: $1,000,000.

(e) Workers' compensation: as required by statute.

(2) An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the Township of East Brunswick from any and all liability, expense, claim, or damages resulting from the use of public lands.

(3) The posting of cash of $500 or a maintenance bond of $500 running in favor of the Township and protecting and insuring that the location utilized will be left after filming, in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all Township ordinances, laws and regulations will be followed. Within seven days of the completion of the filming, the Township will return the bond if there has been no damage to public property or public expense caused by the filming.

C. The permit application, regardless of whether on public or private lands, shall contain the following information, which must be satisfactory to inform the Township:

(1) Proposed dates and times between 8:00 a.m. and 11:00 p.m. for the filming;

(2) Proposed location(s) for filming;

(3) Maximum number of crew members and actors;

(4) List and proposed location of all props, equipment, trailers, and vehicles;

(5) Identification, location, and method of security for outdoor restrooms;

(6) Proof of payment of an escrow for police traffic and/or crowd control and cleanup costs, in an amount to be determined by the Chief of Police;

(7) Any other information deemed necessary and proper by the Township to ensure the safety and well-being of the public, as determined by the Township Business Administrator, or his agents or assignees, on a case-by-case basis.

D. The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the East Brunswick Township Police Department with respect thereto.

§ 101-5 Interference with public activity; notice of filming.

A. The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets.

B. The holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date and be informed that objections may be filed with the Municipal Clerk, said objections to form a part of the applicant's application and be considered in the review of the same. Proof of service of notification to adjacent owners shall be submitted to the Municipal Clerk within two days of the requested shooting date.

§ 101-6 Refusal to issue permit; employment of patrolmen and electrician.

A. The Township Business Administrator may refuse to issue a permit whenever he determines, on the basis of objective facts and after a review of an application and a report thereon by the Police Department and by other Township agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.

B. Further, the Township reserves the right to require one or more on-site patrolmen in situations where the proposed production may impede the proper flow of traffic, the cost of said patrolmen to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.

§ 101-7 Appeals.

A. Any person aggrieved by a decision of the Township Business Administrator denying or revoking a permit or a person requesting relief pursuant to § 101-8 may appeal same. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Business Administrator.

B. An appeal from the decision of the Township Business Administrator shall be filed within 10 days of the Township Business Administrator's decision being made known to the applicant. The Township Business Administrator shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The appeal hearing shall take place before a three-person panel, including i) the Mayor or their designee; ii) the Business Administrator or their designee; and iii) the Chief of Police or their designee ("Appeal Panel"). The decision of the Appeal Panel shall be issued within 10 business days of the hearing date. If such decision is not issued within the time required, the decision of the Township Business Administrator shall be deemed to be reversed, and a permit shall be issued in conformity with the application or relief pursuant to § 101-8 deemed denied.

§ 101-8 Waiver of requirements by Township Business Administrator.

The Township Business Administrator may authorize a waiver of any of the requirements, provisions or restrictions of this chapter if the Township Business Administrator determines that a waiver thereof may be granted without endangering the public health, safety, and welfare. In determining whether to issue a waiver, the Township Business Administrator shall consider the following factors:

A. Potential traffic congestion at the location.

B. The applicant's ability to remove film-related vehicles off the public streets.

C. When 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 Township, if any.

F. The extent to which the filming may affect adjoining and nearby property owners and occupants.

§ 101-9 Copies of permit; inspections.

Copies of the approved permit will be sent to the Police and Fire Departments before filming takes place and to the NJMPTVC. The applicant shall permit the Fire Prevention Bureau or other Township inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instructions issued by the Fire Prevention Bureau, Police Department or other Township inspectors.

§ 101-10 Reimbursement of certain costs.

In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Township for any lost revenue, such as repairs to public property or other revenues that the Township was prevented from earning because of filming.

§ 101-11 Exemption for students; application.

Students of high schools, colleges, and universities are hereby exempt from the film permit requirements in § 101-11B(1) through (3). To qualify for the exemption, the applicant must present a valid student ID, verification that the applicant is 18 years of age or older, the reason for the film shoot, and verification that all staff and crew are volunteers.

§ 101-12 Fees.

The schedule of fees for the issuance of permits authorized by this chapter is as follows:

A. Basic filming permit: $100. Where an applicant requests a waiver of the provisions of § 101-4A, requiring expedited processing of the permit application, the basic filming permit shall be $150.

B. Daily filming fee payable in addition to the basic filming permit: $200 per day.

C. Daily filming fee payable for major motion picture: $1,000 per day.

D. Filming permit for nonprofit applicants filming for educational documentary or public television purposes (no daily rate required): $25.

E. Filming permit for student applicants filming for educational documentary or public television purposes (no daily rate required): none.

§ 101-13 Violations and penalties.

Any person violating this chapter or these rules and regulations, upon conviction thereof, shall be punished by a fine not exceeding $2,000 per day. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.