[Added 3-23-2020 by Ord. No. 2020-5; amended 9-8-2025 by Ord. No. 2025-22]
As used in this chapter, the following terms shall have the meanings indicated:
CREW
Actors, extras, crew and all other persons who will participate in the filming.
FILMING
The taking of still or motion pictures, or any incidental activities in connection therewith, using film, videotape or similar recording medium, for commercial or educational purposes, intended for viewing on television, in theaters, on major linear broadcast network or streaming platforms, or for institutional uses or for advertising purposes.
MAJOR MOTION PICTURE
Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following: NBCUniversal, including Peacock; Warner Bros. Discovery, including New Line Cinema, HBO, DC Studios and Castle Rock Entertainment; Paramount Pictures, including Miramax, MTV Films, Showtime, Skydance, Dreamworks and Nickelodeon Movies; Walt Disney Studios, including 20th Century Studios, Searchlight Pictures, Hulu and Marvel Studios; Sony Pictures, including Columbia Pictures, Screen Gems and Tristar Pictures; Amazon MGM Studios; Netflix Studios; A24; any film for which the budget is at least $20,000,000; or any recurrent weekly television series programming.
PUBLIC LANDS
Any and every public street, highway, sidewalk or square, public park or playground or other public place within the Borough which is within the jurisdiction and control of the Borough.
[Added 3-23-2020 by Ord. No. 2020-5]
There shall be a three-member Film Commission established, consisting of the Mayor, Chief of Police, and one Councilperson appointed by the Mayor, or their designees, which is hereby authorized to issue permits for filming or performing incidental activities in connection therewith on public lands.
[Added 3-23-2020 by Ord. No. 2020-5; amended 9-8-2025 by Ord. No. 2025-22]
a. 
No person, firm or corporation shall film or permit filming or any activity in connection therewith within the Borough of Flemington on public land or on private property where such filming involves the use of public property for the operation, placement or temporary storage of vehicles or equipment utilized in such filming, including, but not limited to, any temporary structure, barricade or device intended to restrict or block off pedestrian or vehicular traffic, without first obtaining a permit therefor from the Borough Film Commission, which permit shall set forth the location of such filming and the approved duration of such filming by specific reference to the date or dates when filming shall take place.
b. 
Applicants shall apply for a permit at least 30 business days before filming commences. However, this 30-day period may be waived by the Borough Film Commission if, in the Commission's judgment, the applicant has obtained all related approvals and adjacent property owners or tenants are notified.
c. 
If inclement weather or other good cause prevents filming on the dates specified in the permit, the Borough Film Commission 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 chapter at no additional fee.
d. 
Permit forms shall be obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Clerk and shall be accompanied by a permit fee as set forth in § 34-7 hereof.
e. 
With each permit application, the applicant shall provide the following information:
1. 
The number of members of the filming crew.
2. 
The estimated number and description of types of all vehicles to be used by the crew, including vehicles used for transportation.
3. 
A description of arrangements for parking for crew and work vehicles.
4. 
A description of sanitary arrangements to be made for crew and bystanders.
5. 
A description of crowd control measures.
6. 
A description of all location areas for filming or incidental activities.
7. 
A description of cleanup methods to be used.
8. 
A description of any special electrical requirements and the methods of satisfying those requirements, including all electrical permits required.
9. 
Such information necessary to establish that the applicant can comply with the rules and regulations set forth in § 34-4 hereof.
10. 
Proof of insurance coverage as follows: combined single limit liability limits of $1,000,000 and aggregate coverage in the amount of $2,000,000. The Borough of Flemington shall be named as an additional insured under the applicant's policy.
(a) 
For bodily injury to any one person in the amount of $500,000 and any occurrence in the aggregate amount of $1,000,000.
(b) 
For property damage for each occurrence in the aggregate amount of $300,000.
11. 
An agreement in writing to indemnify and save harmless the Borough of Flemington from any and all liability, expenses, claim or damages from the use of such public lands for such filming.
12. 
Satisfactory proof of the hiring of an off-duty police officer, if required by the Chief of Police, according to the agreed upon public safety plan, for the times indicated on the permit.
13. 
Such other information as required by the Film Commission necessary to protect the health, safety and welfare of the residents of the Borough.
[Added 3-23-2020 by Ord. No. 2020-5]
Prior to the issuance of the permit, the applicant shall post a cash bond in the amount of $2,000 to assure that the applicant has fully complied with all the terms and conditions of the permit and to reimburse the Borough for property damage. The posting of the bond shall not be in lieu of providing liability insurance. The cash bond will be returned to the applicant, without interest, within 30 days after the applicant has notified the Borough, in writing, that it has completed filming, unless the Borough has unsatisfied claims against the applicant, in which case the Borough will hold the bond, or a part thereof, until all claims against the applicant are satisfied.
[Added 3-23-2020 by Ord. No. 2020-5; amended 9-8-2025 by Ord. No. 2025-22; 12-18-2025 by Ord. No. 2025-25]
a. 
The holder of a 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 Borough of Flemington Police Department with respect thereto.
b. 
The holder of a permit shall conduct filming in such a manner so 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 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 such public lands. 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 at least three days prior to the requested shooting date and be informed that objections may be filed with the Film Commission, 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 owners shall be submitted to the Film Commission within two days of the requested shooting date.
c. 
The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris and rubbish during filming and shall be responsible for removing all equipment, debris and other rubbish from the filming location upon the completion of filming or the expiration of the permit, whichever comes first. If the Borough Film Commission determines that the filming will produce excessive debris and other rubbish, the Borough Film Commission may require the posting of a letter of credit, bond or other performance guaranty in addition to the bond required pursuant to § 34-4 herein to cover possible costs incurred.
d. 
Filming shall take place within the hours agreed upon by the Borough Film Commission and the film company.
e. 
Each film location shall have an off-duty Borough of Flemington police officer, or a police officer approved by the Borough of Flemington Police Chief, at the film location, the cost of which shall be paid by the film company, according to the agreed upon public safety plan, unless the Chief shall determine that no officer is necessary. The Borough Film Commission, upon advice of the Borough Police Chief, reserves the right to require more than one police officer be on site during filming. The cost of said police officer(s) shall be paid by the applicant in a manner consistent with Chapter 7 (Traffic), Subsection 7-15.7 (Payment and Insurance for Services Rendered by Off-Duty Police Officers) of the Municipal Code of the Borough of Flemington. In the event that any type of pyrotechnics is part of the filming, the Borough Film Commission may require the presence of a fire inspector and/or fire apparatus, the cost of which shall be paid by the applicant. 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.
f. 
No public street in the Borough may be closed without the express permission of the Mayor and Council.
g. 
If any inspections such as fire, electrical, building or plumbing are required, the costs shall be paid by the film company. The Borough Film Commission reserves the right, on a case-by-case basis, to require the approval of any Borough Department or agency for activities which such Department or agency oversees or regulates.
h. 
Copies of the approved permit shall be sent to the Borough Police Department and Fire Department(s) and New Jersey Film Commission at njfilm@njeda.gov before filming takes place. The applicant shall permit the Fire Department(s) or other Borough inspectors to inspect the site and the equipment to be used and shall comply with all safety instructions issued by the Fire Department(s) or other Borough inspectors.
i. 
Reimbursement of certain costs. In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Borough for any lost revenue, such as repairs to public property or other revenues that the Township was prevented from earning because of filming.
j. 
Waiver of requirements of chapter by Film Commission. The Film Commission may authorize a waiver of any of the requirements, provisions or restrictions of this chapter if the Commission determines that a waiver thereof may be granted without endangering the public health, safety and welfare. In determining whether to issue a waiver, the Commission shall consider the following factors:
1. 
Potential traffic congestion at the location.
2. 
The applicant's ability to remove the applicant's vehicles and equipment from the public streets or other public property.
3. 
The extent to which the applicant is requesting restrictions on the use of public streets or public parking facilities during filming.
4. 
The nature of the filming, including whether filming will take place indoors or outdoors, and the proposed hours for filming.
5. 
The extent to which the filming may affect adjoining and nearby property owners and occupants.
6. 
The Borough's prior experience with the applicant, if any.
[Added 3-23-2020 by Ord. No. 2020-5]
a. 
The Film Commission will authorize the issuance of a permit to the applicant if it determines, based on the information supplied, that the applicant can provide adequate measures for parking, sanitary facilities, crowd control and cleanup; that the applicant will comply with the rules and regulations set forth in § 34-5 hereof; and that the filming will not unduly interfere with the use and enjoyment of private property or the public facilities of the Borough and will not endanger the public's health, safety and welfare.
b. 
The Borough Film Commission may refuse to issue a permit whenever, in its judgment, based on the information submitted, it determines that:
1. 
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.
2. 
The applicant has not established that it has provided adequate measures for parking, sanitary facilities, crowd control and cleanup.
3. 
The applicant has failed to establish that the filming would not 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.
4. 
The applicant has not shown that it can comply with the rules and regulations set forth in § 34-4 hereof.
[Added 3-23-2020 by Ord. No. 2020-5; amended 9-8-2025 by Ord. No. 2025-22]
Category
Fee (not to exceed)
Filming permit on public lands or on private property where such filming involves the use of public property (includes first day of filming and nonrefundable filing fee of $100)
$500
Every day thereafter film and television projects with a budget under $20 mm
$300 per day plus additional bond as referenced in § 34-4 and § 34-5c herein
Every day thereafter film and television projects with a budget over $20mm
$500 per day plus additional bond as referenced in § 34-4 and § 34-5c herein
Daily filming on private property
No fee charged by the Borough
Public Safety
Hiring of off-duty police and fire inspections, according to agreed upon public safety plan
The municipality's standard hourly rates for police and fire
Inconvenience fees
Street closures - less than 10,000 residents
$1,000 per day
Properties in background - or used - in shot
Fee is negotiated between a production company and a private business or residence
Daily prep of business that is being "dressed"
Fee is negotiated between a production company and a private business
Daily filming of business that is "dressed"
Fee is negotiated between a production company and a private business
[Added 3-23-2020 by Ord. No. 2020-5; amended 9-8-2025 by Ord. No. 2025-22]
a. 
Any person violating this chapter or rules and regulations contained herein shall be subject to a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days, or both as determined by the Municipal Court Judge. Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation subject to the imposition of a separate penalty as determined by the Municipal Court Judge.
b. 
The Borough Police Department are hereby designated as the enforcement agency responsible for the enforcement of this chapter.
[Added 3-23-2020 by Ord. No. 2020-5]
The provisions of this chapter shall not apply to the filming of news stories or filming with a crew of four or fewer members.
[Added 3-23-2020 by Ord. No. 2020-5; amended 9-8-2025 by Ord. No. 2025-22]
Any person aggrieved by a decision of the Borough Film Commission denying or revoking a permit or a person requesting relief may appeal to the Borough Council. A written notice of the appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk within 10 calendar days of the Borough Film Commission's decision. The Borough Council 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 Borough Council shall be in the form of a resolution supporting the decision of the Film Commission at the first regularly scheduled public meeting of the Borough Council after the hearing on the appeal, unless the appellant agrees in writing to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Film Commission shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief shall be deemed denied.