[HISTORY: Adopted by the Township Committee of the Township of Hanover 12-12-2019 by Ord. No. 52-19. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- APPLICANT or PERMITTEE
- Used interchangeably and means any person, organization, corporation, association or other entity applying for a film permit from the Township of Hanover.
- As used in this chapter, any film, including a movie, television program, commercial, still photography, video documentary, music video, internet video or other visual recording medium, used in whole or in part for sale, lease, or other commercial exchange, including the advertisement or promotion of any product, service or organization. A recurrent television or internet series is a film. A film which is not sold or leased in whole or part, or is not otherwise part of a commercial exchange, is a "nonprofit film."
- FILM CREW MEMBERS
- Shall include, but not be limited to: directors, actors, set or costume designers, camera crew members, lighting crew members, sound crew members, boom operators, pyrotechnics experts, stunt performers, extras, stage hands, security personnel, production or personal assistants, contractors and subcontractors, interns (whether or not paid) and agents.
- FIRE DEPARTMENT
- The Cedar Knolls Fire Department and/or Whippany Fire Department and/or Cedar Knolls Fire Department First Aid Squad.
- INTERMEDIATE FILM
- Commercial still photo shoots, web series, independent films, short films that consist of either a filming crew size that is between 10 and 19 people, a casting size that is between 10 and 14 people, or the presence of nine or fewer production vehicles on Township streets.
- MAJOR FILM
- Major motion pictures, commercials, TV series, network, cable, streaming services (e.g., Netflix, Hulu, Amazon, etc.) that consist of either a filming crew size of 20 or more people, a casting size of 15 or more people, or the presence of greater than 10 production vehicles on Township streets.
- MINOR FILM
- Commercial still photo shoots, web series, independent films, short films that consist of either a filming crew size that is between four and nine people, a casting size that is between four and nine people, or the presence of three or fewer production vehicles on Township streets.
- The Township of Hanover.
- NEWS MEDIA
- As used in this chapter, filming for the purpose of spontaneous, unplanned television news reporting by journalists, reporters, photographers or camera operators.
- PRIVATE PROPERTY
- As used in this chapter, any property not owned by the Township of Hanover, but rather is owned by or assessed to a private person or entity in which filming would not interfere with public right-of-way, access or safety.
- PUBLIC PROPERTY
- Any public street, road, sidewalk, public park or playground, Township-owned building or property or any other public place which is maintained and within the control of the Township of Hanover.
- STILL PHOTOGRAPH
- Photographs or other visual impressions which are not films which are sold or leased or otherwise commercially exchanged and all activity related to the staging or shooting of such photographs or other visual impressions.
- STUDENT FILM
- A not-for-profit film, filmed in eight hours or less, made by currently enrolled students under the sponsorship of an accredited school or institution of higher learning, who have evidenced such sponsorship with a letter written on school letterhead, signed by a school administrator, and who present a certificate of insurance.
No person or organization shall film or permit filming on public or private land within the Township of Hanover without first having filed an application and obtained a permit from the office of the Business Administrator/Township Clerk, which permit shall set forth the approved location of such filming, and the approved duration of such filming by specific reference to day or dates. No permit shall authorize filming for more than four consecutive days in any one location. The four-consecutive-day limitation may be extended only if the filming requested constitutes a major motion picture as defined by § 122-8 of this chapter. Said permit must be readily available for inspection by Township officials at all times at the site of the filming.
Applicants shall apply for a permit at least seven business days before filming commences. However, the Business Administrator/Township Clerk may waive the seven-day period if, in his/her judgment, the applicant has obtained all related approvals and the consent of property owners if filming is to take place on private property.
No more than two permits per applicant may be issued in any one calendar year.
If indoor or outdoor filming does not occur on the dates specified in the permit due to inclement weather, or other good cause, the Business Administrator/Township Clerk may issue a new permit at no additional fee.
No permit shall be issued for filming on any public property unless the applicant shall provide the Township with satisfactory proof of the following insurance coverage:
For bodily injury to any one person in the minimum amount of $500,000, and any occurrence in the aggregate amount of at least $100,000.
For property damage for each occurrence in the aggregate amount of at least $500,000.
The applicant shall provide the Township with a certificate of insurance showing evidence of the coverages set forth above and shall name the Township as an additional insured if filming takes place on public property.
Indemnity and hold harmless. By making application for a permit under this chapter, the applicant, its officers, agents, contractors, servants, consultants, employees and affiliates agree to indemnify and hold harmless the Township of Hanover, its authorized agents, officers, representatives and employees from any and all losses, liability, expense, claim officers, representatives and employees from any and all losses, liability, expenses, claims or damages including, without limitation, defense costs and reasonable legal fees resulting from any and all activities including any accident, loss, injury to or death of persons or damage to property that the Township may incur arising out of, or related to, the filming and/or photography permitted under the permit, including but not limited to the Township's issuance of a permit to film pursuant to this chapter. The applicant's liability under the permit shall continue after the expiration of the permit with respect to any loss, damage or acts occurring prior to the expiration of the permit.
The posting of a cash bond of $500 or a maintenance bond of $1,000 running in favor of the Township and protecting and insuring that the location utilized will be left, after filming, in a satisfactory condition, free of debris, rubbish and all equipment, and that observance of all Township ordinances, laws and regulations will be followed. Within 21 business days following the completion of filming, the Township will return the bond less any expenses incurred by the Township for any damage to public property or public expense caused by the filming.
The permittee shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands, streets and walkways and shall comply with all lawful directives issued by the Township of Hanover Police Department, Township of Hanover Fire Department(s), and all other departments where deemed necessary, with respect thereto and has prepaid all costs associated with such directives, including but not limited to the cost of presence of such police personnel which may be required and as determined by the appropriate department.
All vehicles used in connection with or relating to the filming shall not be parked in any driveway nor shall the aggregate length of all such vehicles exceed the length of the lot frontage of the property on which the filming is occurring. All such vehicles must be parked in front of the property on which filming is to take place whenever possible, unless parking in such location shall interfere with the flow of traffic.
The permittee 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 permittee shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands. Where the applicant's filming activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least four days prior to the requested shooting date and be informed that objections may be filed with the Township Clerk, said objections to form a part of applicant's application and be considered in the review of the same. Proof of service of notification to adjacent property owners shall be submitted to the Business Administrator/Township Clerk within two days of the requested shooting date.
Filming in residential zones shall be permitted Monday through Saturday between the hours of 8:00 a.m. and 8:00 p.m. or sunset, whichever occurs earlier, provided that night scenes can be approved in the permit, and hours can be extended if the police officer on the scene determines that there is legitimate delay and the time extension will not greatly inconvenience neighbors.
The Business Administrator/Township Clerk may refuse to issue a permit whenever he/she determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department, Fire Department and any other Township agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would 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.
Off-duty police officers.
The Township reserves the right to require one or more off-duty police officers to be on site if any one or more of the following situations arise during filming:
Any street or lane closures;
Filming involving activities in which a police presence is necessary to protect the health, safety or welfare of the residents of Hanover Township;
Firearms, pyrotechnics or other hazardous materials that may be used; and
Any actors or crew members wearing costumes and gear that resemble the uniforms of any type of law enforcement officer.
The cost of said police officers shall be paid by the applicant/permittee as a cost of production in accordance with the Township's rate schedule for off-duty police and vehicles. In the event that any type of pyrotechnic detonation is part of the filming, the Township may require the presence of a fire inspector and/or fire apparatus, the cost of which shall be paid by the applicant/permittee. Similarly, where existing electrical power lines are to be utilized in the production of the film, an on-site licensed electrician may be required if the production company does not have a licensed electrician on staff. Here again, the cost shall be borne by the applicant/permittee.
The Township reserves the right, on a case-by-case basis, to require the approval of any Township department or agency for activities which such department or agency oversees or regulates or which in any way infringes upon the duties and obligations to the public.
Copies of the approved permit will be sent to the Township of Hanover Police and Fire Department(s) before filming takes place and to the New Jersey Film Commission. The applicant shall permit the Fire Department(s) or other Township inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instructions issued by the Fire Department(s) or other Township inspectors.
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Township for any lost revenue, repairs to public property, or other revenues that the Township was prevented from earning because of filming.
The permittee shall be responsible for the removal of all debris and equipment, upon completion of filming, or upon the expiration of the permit, whichever comes first.
The Township's Business Administrator/Township Clerk may authorize filming other than during the hours herein described. In determining whether to allow an extension of hours under this section, the Business Administrator/Township Clerk shall consider the following factors:
Traffic congestion at the location caused by vehicles to be parked on the public street.
Applicant's ability to remove film-related vehicles off the public streets.
When the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming.
Nature of the film shoot itself; e.g., indoor or outdoor; day or night; on public or private lands.
Prior experience of the film company/applicant with the Township, if any.
Consultation with the Township Committee member(s) wherein the filming is to take place.
Copies of the approved permit will be sent to the Police and Fire Department(s) before filming takes place and to the New Jersey Film Commission. The applicant shall permit the Fire Prevention Bureau or other Township inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instruction issued by the Fire Prevention Bureau or other Township inspectors.
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Township for any lost revenue, such as repairs to public property or other revenues that the Township was prevented from earning because of filming.
When filming is requested with respect to a major motion picture, the approved location of such filming and approved duration of such filming by specific reference to day or dates may exceed four consecutive days and/or may exceed six days in duration if approved by the Business Administrator/Township Clerk in his or her discretion following a favorable review of the factors set forth in § 122-5 herein.
Any person aggrieved by a decision of the Business Administrator/Township Clerk approving, denying or revoking a permit, may appeal to the Township Committee. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Business Administrator/Township Clerk. An appeal from the decision of the Business Administrator/Township Clerk shall be filed within 10 calendar days of the Business Administrator/Township Clerk's decision, and shall set forth the basis for the appeal. The Township Committee shall set the matter down for a hearing within 30 calendar days of the day on which the notice of appeal was filed. The decision of the Township Committee shall be in the form of a resolution supporting the decision of the Business Administrator/Township Clerk at the first regularly scheduled public meeting of the Township Committee after the hearing on the appeal, unless the appellant agrees in writing to a later date for the decision.
Upon written request from an applicant submitted through the Business Administrator/Township Clerk, the Township Committee may authorize a waiver of any of the requirements or limitations of this chapter. The governing body may authorize filming other than during the hours herein described or may extend the duration of a permit beyond four consecutive days or may permit filming at a particular location in a residential zone on more than two occasions during any one calendar year or may waive any other limitation or requirement of this chapter whenever it 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 schedule of fees for the issuance of permits authorized by this chapter is as follows:
All permit fees shall be nonrefundable. Permit fees do not include costs of police personnel if required, or the cost of any other Township personnel required to be present for any portion of the filming activities;
For filming on public property in the Township of Hanover with no road, walkway or public land closures: $1,500 per day;
For filming on public property in the Township of Hanover when road, walkway or public land closures will be required as a result of the filming activities: $5,000 per day;
For filming on private property in the Township of Hanover with no road, walkway or public land closures: $500 per day;
For filming on private property in the Township of Hanover when road, walkway or public land closures will be required as a result of the filming activities: $2,000 per day;
For filming by a nonprofit entity on property anywhere in the Township of Hanover with no road, walkway or public land closures: $200 per day;
There shall be no fee required for Township of Hanover residents who are grade school, middle school, high school or college students filming for educational purposes. Proof of residency, student status, and the educational nature of the filming shall be required; and
There shall be no fee required for students enrolled in a Township of Hanover school, filming for educational purposes. Proof of enrollment in a Township of Hanover school and the educational nature of the filming shall be required.
The Hanover Township Police Department and its officers are hereby designated as the enforcement agency and agents responsible for the enforcement of the provisions of this chapter acting on behalf of the Business Administrator/Township Clerk and the Township Committee.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of the chapter occurs shall be considered a separate and distinct violation and shall be subject to the imposition of a separate penalty for each day of the violation as the Municipal Court Judge determines.