[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Editor's Note: This ordinance superseded former Ch. 20, Film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.
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.
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.
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:
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:
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.
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.
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.
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.
