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Township of Little Falls, NJ
Passaic County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[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. 
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 at the time of approval.
C. 
Extensions will be considered based upon need and will not be unreasonably withheld.
A. 
Applications for filmmaking within the Township of Little Falls shall be filed with the Township Administrator's office.
B. 
The following shall be delivered to the Township Clerk for all large productions:
(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 for approval by the Township Administrator.
(3) 
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) 
The report shall contain, but not be limited to, the following:
[1] 
Traffic issues.
[2] 
Environmental issues.
[3] 
Use of Township resources.
[4] 
Related zoning issues.
[5] 
Fire related issues.
[6] 
On-site emergency medical issues.
[7] 
Other Township operational matters.
[8] 
Other community impacts.
(b) 
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) 
Permit fees.
(a) 
On public property:
[1] 
Small production, less than five people on-site involved in the production: $10.
[2] 
Medium production, five to 20 people on-site involved in production: $100.
[a] 
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.
[3] 
Large production, more than 20 people on-site involved in production: $1,000.
[a] 
All large productions, even on private property, are required to apply for a permit and will be subject to applicable location fees.
(b) 
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) 
Location fees.
(a) 
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) 
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. 
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. 
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 Township Council may exclude irrelevant, immaterial or unduly repetitious evidence.
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.
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. 
Each decision on any application appeal 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 Passaic County Executive and the New Jersey Motion Picture and Television Commission.
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 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.
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.
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 Administrator:
(1) 
Property owner: up to $5,000.
(2) 
Filmmaking company: up to $5,000.
B. 
Failure to cease filmmaking activities after being noticed by the Police Department:
(1) 
Property owner, for each day of violation: up to $5,000.
(2) 
Filmmaking company, for each day of violation: up to $5,000.