There are three types of permits recognized by the Village of
Briarcliff Manor. Type is determined by the size and scope of the
production as noted on the application and its impact on the Village
and its residents, at the discretion of the Village Clerk.
A. Type I permit (basic).
(1) Type I permits may be issued by the Village Clerk if filming or photography
meets all of the following conditions:
(a)
Filming or photography is limited to an indoor location or outdoor
location and is fully contained to private property;
(b)
The size of the entire cast, crew, and support staff is limited
to 20 or fewer individuals;
(c)
Filming or photography is limited to daytime hours;
(d)
Filming or photography is limited to five or fewer continuous
days at the location; and
(e)
Filming or photography involves no potential noise, traffic
or light impacts, including, but not limited to, those from the use
of any generator, pyrotechnic device or high-powered artificial lighting
other than camera-mounted or handheld equipment.
B. Type II permit.
(1) Type II permits may be issued by the Village Clerk if there are any
special conditions that could potentially cause additional inconvenience
or disruption to neighboring properties or traffic.
(2) Special conditions include, but are not limited to:
(a)
Filming or photography will occur on public property.
(b)
Filming or photography may impede normal vehicular or pedestrian
traffic or disturb neighboring property owners.
(c)
The size of the entire cast, crew, and support staff is greater
than 20 individuals.
(d)
Filming or photography is outside normal daytime hours.
(e)
Filming or photography exceeds five continuous days at the location.
(f)
Filming or photography involves potential noise or light impacts,
including, but not limited to, those from the use of any pyrotechnic
device, high-powered artificial lighting, or generator.
(g)
Production requires oversized vehicles, such as motor homes,
trailers, and/or box trucks or excessive numbers of vehicles that
cannot be contained to private property.
(h)
Production requires the use of special effects on the property,
such as artificial rain, snow, fire, sound effects or others.
(i)
Production requires the use of any off-site or public areas
for staging areas, crowd control, parking, sanitary facilities, cleanup
or any other use related to the production but not on the permitted
property itself.
(j)
Production involves drone or aerial photography, which must
be compliant with FAA regulations and requirements, and for which
the Village Clerk may request required proof of valid FAA registration.
(k)
Production requires the support of Village personnel, including
but not limited to members of the Police, Fire, or Ambulance Departments.
C. Type III permits. Applications under Type III permits are those which entail any special conditions set forth in §
124-3B above, and where the Village Clerk also determines that such filming or photography may cause a significant impact on other properties in the Village and/or vehicle or pedestrian traffic within the Village of Briarcliff Manor. The Village Clerk may issue a Type III permit with the imposition of mitigation measures.
D. In the event the applicant disagrees with the Village Clerk's
designation of the type of permit, the applicant may appeal the Village
Clerk's determination to the Village Board, and the Village Board,
in its discretion, may either affirm the Village Clerk's designation
or modify such designation.
E. In the event that the Village Clerk denies an application for any
type of permit, the applicant may appeal the Village Clerk's
determination to the Village Board, and the Village Board, in its
discretion, may affirm the Village Clerk's denial, grant the
permit, or grant the permit with revised conditions and/or restrictions.
All film permit applications shall be submitted to the Village
Clerk in person, by electronic mail, by recognized overnight delivery
service or by United States Mail.
A. All permit applications be submitted on the Village application for
permit for filming and photography form and must contain at least
the following:
(1) The name of the applicant.
(2) The location of the property where filming, videotaping, etc., is
to take place.
(3) The name and authorization of the owner of property, if the applicant
is not the owner.
(4) The name of the person or entity the applicant wishes to allow to
film, videotape, photograph, etc., and the name, local address and
telephone number of the on-site contact person who will be available
24 hours a day during the production and who shall have control of
and responsibility for the direction of all participants in the permitted
activity and for the property for which the activity is permitted.
(5) A use plan giving a brief description of the purpose of the production
as well as showing the days and hours of proposed production, size
of the cast and crew, vehicle types and numbers, parking plans, etc.
(6) A listing of any special conditions applicable to the production
and any mitigating measures proposed.
(7) A signed hold-harmless and indemnification agreement together with
a certificate of insurance naming the Village of Briarcliff Manor
as an additional insured and relieving the Village from any potential
liability by virtue of the applicant's activities.
(8) The fee, as published in the Master Fee Schedule, commensurate with
the permit type as determined by the Village Clerk upon review of
the application in its entirety.
B. The Village Clerk, in reviewing a permit application, may seek, or
require, the advice of other Village departments including but not
limited to the Police Department, Fire Department, Ambulance Department,
Public Works, Building Department, and in reviewing any applications
and for Type II and Type III permits may require the review and approval
of other Village departments including but not limited to the Police
Department, Fire Department, Public Works, Building Department.
C. For Type II and Type III permits, the applicant shall be required,
at its sole cost, to notify and provide all property owners located
adjacent to (or directly across from) the property being utilized
for filming and/or photography, or any additional affected property
owners as determined by the Village with a copy of its use plan and
any supporting documents in the form and manner prescribed by the
Village Clerk, and the applicant shall provide proof of such notice
to the Village Clerk before beginning any preparation for filming.
D. The Village Clerk may attach additional conditions and safeguards
to any permit to ensure the orderly conduct of the activity and the
minimization of impacts of such use and shall specify the duration
and hours of operation of such activity.
E. The Village Clerk, for Type II and Type III permits, may further
require as a condition of any permit that the applicant first meets
with, or utilizes the services of, the Village of Briarcliff Manor
Police Department, Fire Department and/or Ambulance Department at
rates published in the Master Fee Schedule, for each four-hour period
or part thereof. The applicant shall provide to such Village personnel
proper restroom facilities and water. Proper meals and other such
support for services shall be provided to any such Village personnel
so present in excess of four consecutive hours.
F. The applicant shall pay the actual cost, if any, for any Village
of Briarcliff Manor personnel, services or equipment required in connection
with permitted filming activities.
G. The Village Clerk, for Type II and Type III permits, may require
the applicant to post reasonable bond or cash security to assure adherence
to any permit conditions.
Each applicant shall pay a permit fee to the Village for filming,
videotaping, photography or recording on private or public property,
as set forth in the Master Fee Schedule adopted by the Village Board
as same may be amended from time to time.
This chapter shall be enforced by the Village Manager, the Building
Inspector, or their respective appointed authority, and the Village
of Briarcliff Manor Police Department.
Notwithstanding any of the foregoing, an applicant who has been
previously convicted of or plead guilty to a violation of this chapter
shall not be granted a permit hereunder for a period of 18 months
from the date of such conviction.