Township of Cedar Grove, NJ Chapter 135 Filming

[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 4-2-2001 by Ord. No. 01-554; amended in its entirety 12-5-2022 by Ord. No. 22-899. Subsequent amendments noted where applicable.]

§ 135-1 Definitions.

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

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 theatres, for direct sale, streaming services or for institutional uses. The provisions of this chapter shall not be deemed to include the filming of news stories within the Township of Cedar Grove.

MAJOR MOTION PICTURE

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

(1) Universal Pictures;

(2) Warner Brothers, including New Line Cinema, Castle Rock Entertainment and Turner Production Company;

(3) Paramount;

(4) 20th Century Fox;

(5) Columbia/Tri-Star;

(6) Disney;

(7) MGM United Artists; or

B. Any film for which the budget is at least $1,000,000.

PRIVATE PROPERTY and RESIDENTIAL ZONES

Any and every piece of property that is not within the jurisdiction and control of the Township of Cedar Grove and of the Board of Education properties. Use of Library Board and Board of Education property shall first need approval from the respective Board and thereafter the provisions of this section shall apply.

PUBLIC PROPERTY

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 of the Township of Cedar Grove.

§ 135-2 Permit required.

A. No person or organization shall film or permit filming on public or private property within the Township of Cedar Grove without first having obtained a permit from the office of the Township Clerk to be reviewed and approved by the Township Manager, 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 not to exceed three in duration, except in the case of a major motion picture as described in § 135-2K. Said permit must be readily available for inspection by Township officials at all times at the site of filming. Filming on private property will need to be reviewed by the Township Manager to the extent it may affect public entities, including, but not limited to, public roadways, properties, etc. If film application does affect public entities, a permit from the Township will be required.

B. All permits shall be applied for and obtained from the office of the Township Clerk during normal business hours. Applications for such permits shall be in a form approved by the Township Clerk and be accompanied by a nonrefundable permit fee in the amount established in § 135-4, herein.

C. A permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed three consecutive days, except in the case of a major motion picture, as described in § 135-3K. In no event shall the filming at one location within the Township exceed a total of six days in one calendar year.

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

E. The maximum number of permits issued to a single location shall not exceed three in any calendar year.

F. Applicant shall submit signed agreements from the residents affected, starting days and hours of filming operations shall be submitted along with mapping of all locations, stating areas, and areas of vehicle parking.

§ 135-3 Issuance of permits.

A. No permits will be issued by the Township Clerk unless applied for prior to five days before the requested shooting date; provided; however, that the Township Manager may waive the five-day period, if in his judgement, 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 on public property unless the applicant shall provide the Township with satisfactory proof of the following:

(1) Proof of insurance coverage as follows:

(a) For bodily injury to any one person in the amount of $500,000 and any occurrence in the aggregate amount of $1,000,000; and

(b) For property damage for each occurrence in the aggregate amount of $500,000.

(2) An agreement, in writing, approved by the Township Attorney whereby the applicant agrees to indemnify and hold harmless the Township of Cedar Grove from any and all liability, expense, claim or damages resulting from the use of public and/or private property.

(3) The posting of a cash bond of $1,000 or a maintenance bond of $5,000 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 30 days of the completion of the filming, the Township will return the bond if there has been no damage to private or public property or public expense caused by the filming and to ensure Township is paid for the officers hired.

(4) The hiring of off-duty Township police officer for the times indicated on the permit either requested by applicant or deemed by Police Chief.

C. The holder of a permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public property and shall comply with all law directives issued by the Cedar Grove Police Department with respect thereto.

D. 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 interference and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities upon public property and limit, to the extent possible, any interference with normal public activity on such public property. 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 of any objections that may be filed with the Township Clerk, said objections to form a part of applicant's application and be considered in the review of same. Proof of service of notification to adjacent owners shall be submitted to the Township Clerk within two days of the requested shooting date.

E. Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 7:00 p.m., provided that all requests for night scenes shall be approved in the permit or by a waiver to be granted in accordance with Subsection H hereof from the Township Manager. The setup, production and breakdown required by all filming shall be included in the hours set forth in the application.

F. The Township Manager may refuse to issue a permit whenever he determines that filming at the location and/or the time set forth in the application would violate any law or ordinance or 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. 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 patrolman 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.

G. Any person aggrieved by a decision of the Township Manager denying or revoking a permit or a person requesting relief pursuant to Subsection H may appeal to the Township Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Clerk. An appeal from the decision of the Manager shall be filed within 10 days of the Manager's decision. The Township Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed.

H. The Township Manager may authorize a waiver of any of the requirements or limitations of this chapter and may authorize filming other than during the hours herein described or may permit filming at a particular location in a residential zone for more than three days to a maximum of six days at any one location other than in connection with major motion pictures, as further provided for in Subsection K, or may waive any other limitation or requirement of this chapter whenever under this section, the Manager shall consider the following factors:

(1) Traffic congestion at the location caused by vehicles to be parked on the public street;

(2) Applicant's ability to remove film-related vehicles off the public streets;

(3) When the applicant is requesting restrictions on the use of public streets or public parking during the course of filming;

(4) Nature of the film shoot itself; e.g., indoors or outdoors; day or night;

(5) Prior experience of the film company/applicant with the Township, if any.

I. Copies of the approved permit will be sent to the Police and Fire Department before filming takes place, and to the New Jersey Filming Commission. 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 instruction issued by the Fire Prevention Bureau or other Township inspectors.

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

K. Special regulations for major motion pictures:

(1) When filming is requested with respect to a major motion picture, the approved location of such filming and approved duration of such filming by specific reference to day or dates shall not exceed five days in duration.

(2) Any days necessary to be used for setup and preparation for a major motion picture filming may, in the discretion of the Manager, be counted as a filming day where such setup is anticipated to involve one or more of the factors set forth in § 135-3H.

§ 135-4 Fees.

The scheduled fees for the issuance of permits authorized by this chapter are as follows:

A. Basic filming permit: $75. Where an applicant requests a waiver of the provision of Article III requiring expedited processing of the permit application, the basic filming permit fee shall be $125.

B. Daily filming fee payable in addition to the basic filming permit: $500 per day.

C. Daily filming fee payable in addition to the basic filming permit for major motion picture: $1,500 per day.

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

§ 135-5 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 or by imprisonment in the county jail for a term not exceeding 90 days or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 135-6 When effective.

This chapter shall take effect as prescribed by law.