Borough of Saddle River, NJ Chapter 20 Film Making

[HISTORY: Adopted by the Mayor and Council of the Borough of Saddle River 9-19-2022 by Ord. No. 22-1043.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance superseded former Ch. 20, Film Making, adopted 5-21-2001 by Ord. No. 01-711-C; as amended in its entirety 9-16-2019 by Ord. No. 19-977-C.

§ 20-1 Purpose.

This chapter covers requests for filming on Borough-owned and private property, including but not limited to streets, rights-of-way, parks, and/or public buildings, and commercial use of private property that may affect adjacent public or private property in all types of motion picture production, including, but not limited to, feature films, television programs, commercials, music videos and corporate films. It is not intended that this chapter be applicable to films created in connection with the sale or marketing of real estate within the Borough.

§ 20-2 Borough Administrator or his/her designee approval of application to film required to issue film permit.

A. The Borough Administrator or designee may authorize the use of any street, right-of-way, park, or public building, equipment or personnel for commercial uses in the filming or taping of movies, television programs, commercials, or training films and related activities by approval of an application for filming. At no point in the decisionmaking will a decision be rendered based on the content of what is being proposed. In conjunction with these uses, the Borough Administrator or designee will require that any or all of the conditions and/or remuneration herein and as specified on the application be met as a prerequisite to that use. The Borough Administrator or designee will review applications for filming and will have the sole authority to approve or deny an application. Upon the Borough Administrator's or designee's approval of an application for filming, the Borough Administrator or designee shall issue a film permit to the applicant. The Borough of Saddle River shall have exclusive authority to grant a film permit to an applicant for the use of public streets, rights-of-way, parks and public buildings of the Borough. The permit will include information about the production, including the general location of the production, and the number and time frame of allowable hours of production per day, as determined by the Borough.

B. The Borough reserves the full and absolute right to prohibit all filming or to order cessation of filming in order to promote the public health, safety or welfare.

C. Borough departments, including but not limited to the Police, Fire and Building Departments, shall have a right to inspect all structures, property devices, and equipment to be used in connection with the filming and taping at all times.

§ 20-3 Application for filming; requirements.

A. Before filing an application for filming, contact must be made with the Borough of Saddle River Administrator to discuss the production's specific filming requirements and the feasibility of filming in Saddle River, New Jersey. Applications for filming are available at Borough Hall.

B. Any commercial producer who desires to undertake a commercial production in Saddle River must complete and return the application for filming to the Borough of Saddle River within the time frames below:

(1) Commercials or episode television: a minimum of 10 business days' prior to the commencement of filming or any substantial activity related to the project.

(2) Feature films: a minimum of 10 business days' prior to the commencement of filming or any substantial activity related to the project.

C. An application processing fee of $100 should accompany each application for filming.

D. Insurance requirements. The applicant, when using public property or filming in a manner that will affect public property or officials, shall produce a valid certificate of insurance, issued by a company authorized to conduct business in the State of New Jersey, naming the Borough of Saddle River and its agents, officers, elected officials, employees and assigns as additional insured, in an amount not less than $1,000,000 general liability, including bodily injury and property damage, with a $1,000,000 umbrella, which coverage shall be primary and noncontributory and which coverage provides a waiver of subrogation with a 30 days' notice of cancellation. The applicant shall provide proof of automobile coverage for vehicles used and workers' compensation insurance for applicable employees. The Borough and its Risk Manager may require other insurance coverage necessary depending on the nature of the activity and may waive certain requirements on the advice of the Risk Manager.

E. Notification of affected owners, residents, tenants. The applicant shall submit a short written description of the schedule for the proposed production to the owners, tenants and residents of each property in the affected neighborhood(s) to the Borough Administrator or designee for review. On the Borough Administrator's or designee's approval, the applicant shall provide the written description to all affected owners, residents and tenants at least 10 days prior to filming. The applicant, or his or her designee, shall make a good-faith effort to notify each owner, tenant and residents of all such property, and shall submit, as part of the application, a report noting owners, tenants and/or residents' comments, along with their signatures, addresses and phone numbers. Based upon this community feedback, and other appropriate factors considered by the Borough Administrator or designee, the Borough Administrator or designee may grant or deny the filming application.

F. Vehicles and equipment list; parking plans. The applicant shall provide a report listing the number of vehicles and types of equipment to be used during the filming, including proposed hours of use and proposed parking locations. Such locations will need to be specifically approved by the Borough Administrator or designee. On-street parking or use of public parking lots is subject to Borough approval.

G. The use of exterior lighting, power generators, or any other noise- or light-producing equipment requires on-site approval of the Borough Administrator or designee.

H. Hours of filming. Unless express written permission has been obtained from the Borough Administrator or designee in advance, and affected property owners, tenants and residents have been notified, filming shall be limited to the following hours, which shall include setup and breakdown:

(1) Monday through Friday: 7:00 a.m. to 9:00 p.m.

(2) Saturday: 9:00 a.m. to 4:00 p.m. (No filming shall be permitted on Sundays or holidays.)

(3) Or as negotiated with the Borough Administrator designee.

I. On the Borough Administrators or designee's approval of the application, a film permit shall be issued. The permit will be available from the Borough of Saddle River Administrator's or Clerk's office. The fee for the permit shall be $1,500 per day of filming and shall be valid for six months from the date of issuance. The fee for a filming by a student for educational purposes shall be $25 per day. A nonprofit organization may seek a waiver of this fee, which shall be granted in the discretion of the Borough Manager.

J. The permit holder shall have the permit available for inspection at all times during the filming time period.

K. The Borough, as a condition for the issuance of any film permit, may require the applicant to deposit an escrow in the sum of $5,000 as a deposit for reimbursement of police presence at or near the site of the filming for traffic and/or security control. The applicant shall be billed by the Borough for this cost pursuant to the Borough's policy. The Borough shall reserve its right to employ off-duty police, including those from other jurisdictions.

L. All applicants for a film permit shall adhere to all other applicable provisions of the Code of the Borough of Saddle River.

§ 20-4 Use of Borough-owned real property; costs for use rate schedule.

A. The Borough Administrator or designee may authorize the use of any street, right-of-way, park or public building for commercial uses in motion picture production. In conjunction with these uses, all of the conditions and/or remuneration described in this section must be met as a prerequisite to that use. A security or damage deposit may be required, and such requirement is within the sole discretion of the Borough Administrator or designee. At the time of application, the applicant shall reimburse the Borough for the use of public property based on the following use rate schedule:

Activity/Use	Rate per calendar day for a maximum of 8 hours/day
Total or disruptive use of a public building, park, right-of-way, or public area during regular operating hours	Cost of police if determined to be applicable per § 52-12
Partial, nondisruptive use of public building, park, right-of-way, or public area	Cost of police if determined to be applicable per § 52-12
Total closure or obstruction of public street or right-of-way, including parking lots and on-street parking	Cost of police if determined to be applicable per § 52-12
Partial closure or obstruction of public street or right-of-way, including parking lots and on-street parking	Cost of police if determined to be applicable per § 52-12
Use of Borough parking lots, parking areas and Borough streets for the purpose of parking film trailers, buses, catering trucks, and other large vehicles	Cost of police if determined to be applicable per § 52-12

B. If extra fees are incurred during production, the Borough of Saddle River may invoice the permit holder.

C. The Borough reserves the full and absolute right to prohibit all filming or to order cessation of filming activity in order to promote the public health, safety and/or welfare.

§ 20-5 Damage to public or private property.

The applicant shall pay in full within 20 days of the date of an invoice the costs of repair for any and all damage to public or private property resulting from or in connection with the production and to restore the property to its original condition prior to the production.

§ 20-6 Exemptions.

A. News media. The provisions of this chapter shall not apply to or affect reporters, photographers or camerapersons in the employ of a newspaper, news service or similar entity engaged in on-the-spot media print, publishing or broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.

B. Personal/family video. The recording of visual images (motion or still photography) solely for private personal use, and not for commercial use.

C. Studio filming. Filming activities (motion or still photography) conducted at a studio.