Township of Little Falls, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Little Falls 9-8-2014 by Ord. No. 1197. Amendments noted where applicable.]

§ 73-1 Title.

This chapter shall be known and may be cited as the "Filmmaking" ordinance of the Township of Little Falls.

§ 73-2 Filing of copies.

Immediately upon adoption of this chapter, the Township Clerk shall file a copy of this chapter with the Bergen County Executive and the New Jersey Motion Picture and Television Commission.

§ 73-3 Responsibility for filmmaking matters.

It is hereby established that all matters relating to filmmaking in the Township of Little Falls will be heard, approved, waived and/or denied by the Mayor and Council of the Township of Little Falls. This chapter does not seek to regulate, control or restrict any personal or family filmmaking, videotaping or still photography.

§ 73-4 Experts and staff.

The Township Council may employ or contract for the services of experts and other staff and services as it may deem necessary.

§ 73-5 Rules and regulations.

The Township Council shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purpose of this chapter.

§ 73-6 Checklist required.

Any applicant before the Mayor and Council desiring to conduct filmmaking, videotaping and still photography in the Township of Little Falls will be required, at the time of initiating the application, to obtain and prepare a response to the Mayor and Council questions and thereafter submit said responses with the application pursuant to the instructions set forth on the application.

§ 73-7 Time for final approval.

A. 
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. 
Final approval shall expire seven days from the designated start date established by the Township Council at the time of approval.

§ 73-8 Application procedure.

A. 
Applications for filmmaking within the Township of Little Falls shall be filed with the Mayor's office or the Mayor's designee of the Township of Little Falls.
B. 
The following shall be delivered to the Township Clerk at least 15 days before the regular meeting of the Township Council:
(1) 
A location map, including the nearest cross streets and 10 copies of the location map.
(2) 
The original application document and 10 copies of an application in a form approved by the Mayor.
(3) 
A nonrefundable fee in the amount of $250 to cover administrative costs of the Township will be paid to the Township Clerk at the time the application is submitted.
(4) 
An administrative review is to be completed by the Mayor, Administrator, Police Department, Fire Department, Zoning Officer and Emergency Management Coordinator; upon its completion a written report will be made and presented to the Township Council. The report shall contain, but not be limited to, the following:
(a) 
Traffic issues.
(b) 
Environmental issues.
(c) 
Use of Township resources.
(d) 
Related zoning issues.
(e) 
Fire-related issues.
(f) 
On-site emergency medical issues.
(5) 
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.

§ 73-9 Hearings.

A. 
Rules. The Township Council shall make rules governing the conduct of the hearings before it. A hearing shall be held for each application submitted.
B. 
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. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Mayor and Council may exclude irrelevant, immaterial or unduly repetitious evidence.

§ 73-10 Notice of hearing.

A. 
The applicant shall give notice of the hearing as follows:
(1) 
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) 
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) 
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. 
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. 
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. 
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.

§ 73-11 List of property owners.

The Tax Collector 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 § 73-10 of this chapter.

§ 73-12 Decisions.

A. 
Each decision on any application for filmmaking shall be set forth in writing as a resolution of the Township Council.
B. 
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 Bergen County Executive and the New Jersey Motion Picture and Television Commission.

§ 73-13 Enforcement.

A. 
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 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.
B. 
Upon notice to cease from the Little Falls Police Department, should filmmaking activities continue both the property owner and the filmmaking company shall be subject to per diem fines in accordance with § 73-14 of this chapter.

§ 73-14 Violations and penalties.

Violations of the provisions of this chapter shall be punishable as follows:
A. 
Filmmaking being conducted in the Township of Little Falls without the appropriate approval by the Township Council:
(1) 
Property owner: $5,000.
(2) 
Filmmaking company: $5,000.
B. 
Failure to cease filmmaking activities after being noticed by the Police Department:
(1) 
Property owner, for each day of violation: $5,000.
(2) 
Filmmaking company, for each day of violation: $5,000.