[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 2-21-2001 by Ord. No. 818. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- 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 the filming of news stories within the Township of Rochelle Park. This chapter shall provide regulations for filming on private property and/or public lands.
No person shall film or permit filming within the township without first obtaining a permit therefor, which permit shall set forth the location of such filming and the date or dates when filming shall take place.
Permits shall be obtained in the office of the Township Clerk during normal business hours. Applications for such permits shall be in the form approved by the Township Clerk and shall be accompanied by a permit fee in the amount established by the township.
One permit shall be required for each location.
One permit shall be sufficient to authorize outdoor filming on one day and indoor filming on one day, provided that such date on which filming is to take place shall be specified in the permit, and further provided that the maximum number of days on which filming may be authorized in any calendar year for premises located in a residential zone shall not exceed two without a waiver.
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 Township 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.
No permit shall be issued for filming within the township on or in any private property unless written consent of the property owner and/or tenant accompanies the application.
Applications shall be obtained from and submitted to the Township Clerk in person or by mail and must contain at least the following information:
The name, address and telephone number of the applicant.
The location of the property where filming, etc., is to take place.
Whether the applicant is the owner or tenant in possession of the property.
The name and address of the owner of the property if the applicant is not the owner.
The consent of the owner if other than the applicant.
The name, address and telephone number of the person or entity the applicant wishes to allow to film, etc.
The date filming is to take place and the hours of filming.
The dates within the previous 12 months that any filming, as described in §101-1 above, was conducted at this location.
Approval from the Police Chief, with any conditions he may set forth if the filming is to take place on public lands.
Any other approval the Township Clerk deems necessary, with any conditions which may be set forth.
A signed statement that the applicant affirms, under penalty of perjury, that all statements contained in the application are true.
No permit shall be issued for filming at a particular location in a residential zone within the township which would permit filming at said location on more than two days during any one calendar year unless a waiver is granted by the township.
No permit shall be issued for filming upon public lands within the township unless the applicant for such permit:
Provides proof of insurance coverage for bodily injury for any person in the amount of $500,000 and for any aggregate occurrence in the amount of $1,000,000;
Agrees, in writing, to indemnify and save harmless the township from any and all liability or damages resulting from the use of such public lands.
The holder of a 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 Township Police Chief with respect thereto.
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. The holder shall avoid any interference with previously scheduled activities upon public lands and shall limit, to the extent possible, any interference with normal public activity on such public lands.
The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris and rubbish during filming and shall be responsible for removing all equipment, debris and other rubbish from the filming location upon the completion of filming or the expiration of the permit, whichever comes first.
Filming shall be permitted only Monday through Friday, between the hours of 8:00 a.m. and 7:00 p.m., or sundown, whichever is earlier, in residential zones.
The Township Clerk may refuse to issue a permit whenever he determines, on the basis of objective facts and a review of the application and a report thereon by the Township Police Chief and by other township agencies involved with the proposed filming site, that filming at the location and/or time set forth in the application would violate any law or ordinance or would unreasonably interfere with the public's use of public lands, 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.
Any person aggrieved by a decision of the Township Clerk denying or revoking a permit or a person requesting relief pursuant to Subsection I may appeal to the Township Administrator. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Administrator. An appeal from the decision of the Township Clerk shall be filed within 10 days of the Township Clerk's decision. The Township Administrator shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the Township Administrator shall be in the form of a written decision.
The Township Administrator 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 extend the duration of a permit beyond two days, or may permit filming at a particular location on more than two days during any one calendar year or may waive any other limitation or requirement of this chapter whenever he determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that such a permit may be issued without endangering the public's health, safety and welfare.
The applicant shall notify the Fire Chief 24 hours before filming takes place and shall permit the Fire Chief or his designee to inspect the site and the equipment to be used. The applicant shall comply with all firesafety instructions issued by the Fire Chief or his designee.
The holder of a permit issued for filming on public lands shall hire, at said person's sole cost and expense, a township police officer who will be present at all times at the site during the filming.
Automobiles, trucks and all other vehicles owned, leased or used by the holder of a permit for either residential or public land filming shall not be parked on more than one side of the street.
[Amended 12-16-2015 by Ord. No. 1093-15]
Fees shall be as follows: