Township of Maple Shade, NJ: Definitions.

As used in this article, the following terms shall have the meanings indicated:

The taking of still or motion pictures either on film or videotape or similar recording medium for commercial or educational purposes intended for viewing on television or the internet, in theaters or for institutional uses. The provisions of this article shall not be deemed to include the filming of news stories or news events within the Township of Maple Shade.

MAJOR MOTION PICTURE

Any film which is financed and/or distributed by a motion picture studio, including, but not limited to, the following:

(1)

Universal Pictures;

(2)

Warner Brothers, including New Line Camera, Castle Rock Cinema and Turner Production Company;

Paramount;

20th Century Fox;

Columbia/Tri-Star;

Disney;

MGMUnited Artists; or

Any film for which the budget is at least $20,000,000.

PUBLIC LANDS

Any and every public street, highway, sidewalk, square, public park or playground or any other public place within the Township which is within the jurisdiction and control of the Township of Maple Shade.

§ 114-48 Permit required.

No person or organization shall film or permit filming on public lands or which shall cause an impact on public lands within the Township, without first having obtained a permit from the office of the Township Director of Business and Economic Development ("Director"), which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference by day or dates. The permit must be readily available for inspection by Township officials at the site of the filming.

All permits shall be applied for and obtained from the office of the Director during normal business hours. Applications for such permits shall be in a form approved by the Township and shall be accompanied by a permit fee in the amount established by this article.

If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Director of Business and Economic Development may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this article. No additional fee shall be paid for this permit.

§ 114-49 Issuance of permits; requirements.

No permits will be issued by the Director of Business and Economic Development unless applied for on or before four days before the requested shooting date; provided, however, that the Director may waive the four-day period if, in the Director's judgment, the applicant has obtained all related approvals, and adjacent property owners or tenants do not need to be notified.

No permit shall be issued for filming in the Township of Maple Shade unless the applicant shall provide the Township with satisfactory proof of the following:

(1)

Certificate of insurance specifically designating the Township of Maple Shade as an additional insured, providing general liability, bodily injury and property damage coverage with minimum limits of liability not less than $1,000,000 combined single limit. Said certificate shall state that "the issuing company shall mail 30 days' written notice to the certificate holder named, certified mail return receipt."

(2)

An agreement in writing whereby the applicant agrees to indemnify and save harmless the Township from any and all liability, expense, claim or damages resulting from the use of public lands.

(3)

The posting of a cash bond or a maintenance bond of $1,000 in favor of the Township and protecting and insuring that the location utilized will be left after filming in satisfactory condition free of debris, rubbish and equipment, and that all Township ordinances, laws and regulations will be followed. Within seven days of completion of the filming, the Township will return the bond if there has been no damage to public property or public expense caused by the filming.

(4)

Proof of service of notification to adjacent owners within 200 feet of where the applicant's production 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 no more than two days prior to the first date of filming and be informed that objections may be filed with the Director of Business and Economic Development, said objections to form a part of the applicant's application and be considered in the review of the application. Proof of service of notification to adjacent owners, as described herein, shall be submitted to the Director of Business and Economic Development at the time the permit application is submitted.

(5)

Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.

(6)

Special regulations for major motion pictures.

(a)

When filming is requested for a major motion picture, the approved location of such filming and the approved duration of such filming by specific reference by day or dates may exceed three consecutive days in duration or 10 days per calendar year if good cause is shown in accordance § 114-51.

(b)

Any days necessary to be used for setup and preparation for a major motion picture filming may, in the discretion of the Director, be counted as a filming day where such setup is anticipated to involve one or more of the factors set forth in § 114-51.

The Director may refuse to issue a permit whenever the Director determines, on the basis of objective facts and after a review of the application and consultation with the Police 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. Further, The Township reserves the right to require one or more on-site police officers in situations where the proposed production may impede the proper flow of traffic, the cost of said police officer(s) to be borne by the applicant as a cost of production.

The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Maple Shade Police Department with respect thereto.

The holder of a permit 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 permit holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on public lands.

Filming in residential zones shall be permitted any day of the week, however filming must end by 9:00 p.m. and all crews must wrap no later than 10:00 p.m. Any requests for filming after 9:00 p.m. shall be approved in the permit or by a waiver granted on 24-hours written notice to all property owners within 200 feet of the proposed night or weekend filming.

Copies of the approved permit will be sent to the affected departments before filming takes place. 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 instructions issued by the Fire Prevention Bureau or other Township inspectors. Upon approval, the Director shall notify the NJMPTVC (at the film ready inbox at filmreadynj@njeda.gov), within 10 business days of a project's completion of photography in the locality, of the following, late notice of which may result in revocation of certification and a review of a locality's film ready status:

(1)

Name of the project and production company.

(2)

Start and stop dates of physical production in a certified town.

(3)

Total number of filming days.

(4)

Addresses of filming location(s).

In addition to any other fees or costs mentioned in this article, the applicant shall reimburse the Township for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the Township was prevented from earning because of filming.

The Director may refuse to issue a permit whenever the Director determines, on the basis of objective facts and after a review of the application and consultation with the Police 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. Further, the Township reserves the right to require one or more on-site police officers in situations where the proposed production may impede the proper flow of traffic, the cost of said police officer(s) to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.

§ 114-50 Appeals.

Any person aggrieved by a decision of the Director denying or revoking a permit or a person requesting relief pursuant to § 114-51 may appeal to the Township Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Clerk. An appeal from the decision of the Director of Business and Economic Development shall be filed within 10 days of the Director's decision. The Township Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the Township Council shall be in the form of a resolution to be adopted at the first regularly scheduled public meeting of the Township Council after the hearing on the appeal, unless the appellant agrees in writing to a later date for the decision.

§ 114-51 Waiver of requirements.

The Director of Business and Economic Development may authorize a waiver of any of the requirements, provisions, or restrictions of this article whenever the Director determines a permit can be issued without endangering public health, safety or welfare. In determining whether to issue a waiver, the Director shall consider the following factors:

(1)

Traffic congestion at the location caused by vehicles to be parked on the public street;

(2)

Applicant's ability to remove film-related vehicles off the public streets;

(3)

When the applicant is requesting restrictions on the use of public streets or public parking during filming;

(4)

The nature of the film shoot itself, e.g., indoor or outdoor, day or night;

(5)

Prior experience of the film company/applicant with the Township, if any; and

(6)

Consultation with the Township Council.

§ 114-52 Fees.

The schedule of fees for the issuance of permits authorized by this article is as follows, in accordance with the schedule of fees attached herewith:

Basic filming permit: $100.

(1)

Where an applicant requests a waiver of the provision of § 114-49 requiring expedited processing of the permit application, the basic filming permit fee shall be $150.

Daily filming fee payable in addition to the basic filming permit:

(1)

Major motion pictures: $500 per day.

(2)

Other filming: $150/day.

Filming permit for nonprofit applicants filming for educational documentary or public television purposes (no daily rate required): $25.

Filming permit for student applicants filming for educational documentary or public television purposes (no daily rate required): none.

§ 114-53 Violations and penalties.

Any person violating the provisions of this article, upon conviction thereof, shall be punished by a fine not exceeding $2,000 per day or by imprisonment in the county jail for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.