[HISTORY: Adopted by the Township Council of the Township of Allamuchy 6-11-2025 by Ord. No. 2025-03. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
FILMING
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, in theaters or for institutional uses. The provisions of this chapter shall not be deemed to include the "filming" of news stories within the municipality.
MAJOR MOTION PICTURE
Any film which is financed and/or distributed by a major motion picture studio, and/or 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, square, public park or playground or any other public place within the municipality which is within the jurisdiction and control of the municipality.
A. 
No person or organization shall film or permit filming on public 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 having obtained a permit from the office of the Municipal 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. Said permit must be readily available for inspection by Township officials at all times at the site of the filming.
B. 
Where filming takes place on private property, the applicant must obtain permission of the property owner in writing and provide proof of same to the Municipal Clerk as part of the application.
C. 
All permits shall be applied for and obtained from the office of the Municipal Clerk during normal business hours. Applications for such permits shall be in a form approved by the Municipal Clerk and be accompanied by a permit fee in the amount established by this chapter.
D. 
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 Municipal Clerk 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. No additional fee shall be paid for this permit.
A. 
No permits shall be issued by the Municipal Clerk unless applied for prior to three days before the requested shooting date; provided, however, that the Township Administrator and/or designee may waive the three-day period if, in their judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.
B. 
No permit shall be issued for filming upon public lands unless the applicant provides the municipality with satisfactory proof of the following:
(1) 
Proof of insurance coverage as follows:
(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.
(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 hiring of a police officer for the times indicated on the permit.
C. 
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 State Police with respect thereto.
D. 
The permit holder shall agree to comply with all lawful directives issued by the New Jersey State Police Department, Allamuchy Fire Department and all other departments where deemed necessary.
E. 
The permit holder shall be responsible for the removal of all debris and equipment, upon completion of filming, or upon expiration of the permit, whichever comes first.
A. 
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.
B. 
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 Municipal 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 owners shall be submitted to the Municipal Clerk within two days of the requested shooting date.
A. 
The Township Administrator and/or designee may refuse to issue a permit whenever the Township Administrator and/or designee determines, on the basis of objective facts and after a review of the application and associated reports by the State Police and by the Township Departments involved with the proposed filming site, that filming at the location and/or 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.
B. 
Further, the Township reserves the right to require one or more onsite police officer in situations where the proposed production may impede the proper flow of traffic, the cost of said police officer to be borne solely by the applicant as a cost of production. Where the existing electrical power lines are to be utilized by the production, an onsite licensed electrician may be similarly required if the production company does not have a licensed electrician on staff, with the cost borne solely by the applicant.
A. 
Any person aggrieved by a decision of the Township Administrator and/or designee denying or revoking a permit or a person requesting relief may appeal to the Township Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Administrator and/or designee.
B. 
An appeal from the decision of the Township Administrator and/or designee shall be filed within 10 days of the Township Administrator's and/or designee'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 supporting the decision of the Township Administrator and/or designee 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. If such a resolution is not adopted within the time required, the decision of the Township Administrator and/or designee shall be deemed to be reversed, and a permit shall be issued on conformity with the application, or the relief shall be deemed denied.
The Township Administrator and/or designee may authorize a waiver of any of the requirements, provisions, or restrictions of this chapter if the Township Administrator and/or designee determines that a waiver thereof may be granted without endangering the public health, safety and welfare. In determining whether to issue a waiver, the Township Administrator and/or designee shall consider the following factors.
A. 
Potential traffic congestion at the location.
B. 
The applicant's ability to remove the applicant's vehicles and equipment from the public streets or other public property.
C. 
The extent to which the applicant is requesting restrictions on the use of public streets or public parking facilities during filming.
D. 
The nature of the filming, including whether filming will take place indoors or outdoors, and the proposed hours for filming.
E. 
The extent to which the filming may affect adjoining and nearby property owners and occupants.
F. 
The Township's prior experience with the applicant, if any.
Copies of the approved permit shall be sent to the New Jersey Film Commission and various Township Departments. The applicant shall permit the Fire Prevention Bureau and other Township inspectors to inspect the site and the equipment to be used if deemed necessary. The applicant shall comply with all safety instruction issued by the Township.
In addition to any other fees or costs mentioned in this Chapter, 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.
A. 
Basic filming permit (one-time fee with three or more days advance notice of the first day of filming: $100.
B. 
Expedited basic filming permit (one-time fee with two or less days advance notice of the first day of filming: $250.
C. 
Basic filming permit for nonprofits (one-time fee): $25.
D. 
Daily filming on public property: $150 for film and television projects with a budget under $20M and $500 for film projects with a budget over $20M; Public Safety: hiring of off-duty law enforcement officers of the New Jersey State Police Department in accordance with the State of New Jersey policies.
E. 
Inconvenience fees: $1,000 for street closures which impact less than 10,000 residents daily and $5,000 for street closures which impact more that 10,000 residents daily.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment 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 Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Judge may determine.