Conference/Public Meeting Agendas/Documents — Packet

(2) The minimum lot width shall be two hundred (200) feet. (3) The minimum front yard shall be fifty (50) feet. (4) The minimum side yards shall be twenty (20) feet and twenty (20) feet. (5) The minimum rear yard shall be fifty (50) feet. (6) The display or sale of motor vehicles outside the confines of a building shall only be permitted in compliance with the following requirements: (i) The area devoted to such use shall not be larger than the gross floor area of the principal building in which the primary or predominant use is conducted. (ii) The area devoted to such use shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water. (iii) Any lighting in connection with such use shall be so arranged and shielded as to reflect the light downward away from all adjoining streets or buildings and shall comply with the lighting standards contained in this section. (iv) The area permitted for the use shall at all times be clearly and legibly marked on the required paved surface. (v) The use shall be permitted in the front, side and rear yards provided the use is not closer than twenty (20) feet from the front street right-of-line nor ten (10) feet from any side or rear property line. If the use abuts a residential zone, no part of the use shall be nearer than fifteen (15) feet to the residential zone boundary line. 25-24.3 Reserved. 25-24.4 Other Exceptions and Special Provisions. a. Exceptions to Height Limitations. A church spire, church belfry, dome, cupola, tower on a public building, flagpole, monument, chimney, water tower elevator or stair bulkhead and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, except that such features shall not

ir bulkhead and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, except that such features shall not exceed twenty (20) percent of total roof surface area and shall not exceed a height of ten (10) feet above the top of the roof. 25-24.5 Prohibited Uses. Any use not specifically permitted in any zoning district established by this chapter is hereby expressly prohibited from that district. Furthermore, the following uses are expressly prohibited from all zoning districts within the Township: a. The storage or constant outdoor parking for more than thirty (30) days of any inoperable or unregistered motor vehicle. b. The dismantling, assembly or repair of a vehicle other than one belonging to a member of the domicile. c. The outdoor storage of motor vehicle parts or accessories. d. The storage of toxic or hazardous waste as defined by the New Jersey Department of Environmental Protection. 112

e. Retail sale or wholesale distribution of firearms including ammunition therefor and any materials of an explosive or hazardous nature used in the ingredients for the ammunition. 25-24.6 Off-Site Improvements and Other Pro-Rata Costs. A developer, as a condition for approval of a site plan shall pay his pro-rata share of any and all costs attendant to the provision of reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor located outside the property limits of the development. Fair and reasonable standards to determine the developer's proportionate or pro-rata amount of the cost of such off-tract facilities and improvements shall be determined by the Township Engineer. (Ord. No. 904-88 § 25-6.6) 25-24.7 Filming. a. Purpose. The purpose of this section is to insure the safety, health and welfare of all persons when filming operations are sought to occur within the Township. The Township desires to encourage filming within the Township in an organized, efficient and controlled manner. b. Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings set forth below: Filming shall mean the taking of motion pictures and television shows 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 within the Township. Filming shall also include all rehearsals, preparations and assembly and dismantling of all equipment and structures, including but not limited to scaffolding, lights, backdrops, tools and food, and the loading and unloading of vehicles containing the equipment, structures and food. Major motion picture shall mean any film or series of filmings for which the budget is greater than five million ($5,000,000.00) dollars. Public land shall mean any and every public street, highway, sidewalk, square, public park or playground or any other public places in the Township. c. Permit Required. 1. No person or organization shall film or permit filming on public land or which shall cause any impact to public land within the Township without first having obtained a permit from the Director of the

ion shall film or permit filming on public land or which shall cause any impact to public land within the Township without first having obtained a permit from the Director of the Department of Planning, (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 not to exceed three (3) in duration, except in the case of a major motion picture. Said permit must be readily available for inspection by the Township and any of its employees or agents at all times at the site of the filming. 2. All permits shall be applied for and obtained from the Department of Planning during normal business hours. Applications for such permits shall be in a form approved by the Director and shall be accompanied by a permit fee as set forth in paragraph d. The applicant shall submit a copy of the completed application to the Chief of Police and Fire Chief simultaneous with the submission to the Planning Director. 3. A permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed three (3) days except in the case of a major motion picture, provided that the maximum number of days of filming authorized in any calendar year for premises located in a residential zone where a waiver has been granted by the Director shall not exceed ten (10) days. 4. If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the date specified, the Director may, at a request of the applicant, 113

issue an amended 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 amended permit. d. Issuance of Permits. 1. No permit shall be issued by the Director unless applied for prior to five (5) days before the requested shooting date; provided, however, that the Mayor may waive the five (5) day period if, in his or her judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified. 2. No permit shall be issued for filming upon public land unless the applicant shall provide the Township with satisfactory proof of the following: (a) Proof of insurance coverage as follows: (1) For bodily injury to one person in the amount of one million ($1,000,000.00) dollars and any occurrence in the aggregate amount of five million ($5,000,000.00) dollars. (2) For property damage for each occurrence and in the aggregate amount of one million ($1,000,000.00) dollars. (b) 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 use of public land. (c) The posting of a cash bond of two thousand five hundred ($2,500.00) dollars or a maintenance bond of five thousand ($5,000.00) dollars running in favor of the Township and insuring the location utilized will be left after filming in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all Township Ordinances, laws and regulations will be followed. Within seven (7) days of the completion of the filming, the Township will return the bonds if there has been no damage to public property or public land caused by the filming. The amount of this bond is subject to final determination by the Township Attorney and Township Council. (d) The hiring of an off-duty police officer for the times specified in the permit, as may be deemed necessary or appropriate by

Attorney and Township Council. (d) The hiring of an off-duty police officer for the times specified in the permit, as may be deemed necessary or appropriate by the Police Director or Police Chief. 3. The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public land and shall comply with all lawful directives issued by the Township. 4. The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort of adjoining property owners attributable to such filming and shall, to the greatest 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 land and limit, to the extent possible, any interference with normal public activity on the public land. 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 (3) days prior to the requested shooting date and be informed that objections may be filed with the Director. Said objections shall form a part of the applicant’s application and be considered in the review of same. The Director may impose any necessary or appropriate restrictions as to the time, date, and process of filming. Proof of service and notification of adjacent owners shall be submitted to the Township Clerk at least two (2) days before the requested shooting date. 114

5. Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m. Any requests for night scenes or weekends shall be approved in the permit or by a waiver to be granted in accordance with this subsection on five (5) days written notice to all property owners within two hundred (200) square feet or the proposed night time filming. 6. The Director may refuse to issue a permit whenever he or she determines, on the basis of the objective facts and after review of the application and a report thereon by the Police Department that filming at the location and/or the time set forth in the application will violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow vehicular or pedestrian traffic or otherwise endanger the public’s health, safety or welfare. Further, the Township reserves the right to require one (1) or more on-site police officers in situations where the proposed productions may impede the proper flow of traffic, the cost of said police officers 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. 7. Any person aggrieved by a decision of the Director denying or revoking a permit or a person requesting relief under paragraph d,8. may appeal to the Township Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Municipal Clerk. An appeal from a decision of the Director shall be filed within ten (10) days of the Director’s decision. The Township Council shall set the matter down for a hearing within thirty (30) days of the date on which the notice of appeal was filed. The decision of the Township Council shall be in a form of a resolution. 8. The Director may authorize the waiver of any of the requirements or limitations of this subsection, and may authorize filming other than the hours herein described or may permit filming at a particular location in a residential zone for more than three (3) days, to a maximum of ten (10) days at any one (1)

filming other than the hours herein described or may permit filming at a particular location in a residential zone for more than three (3) days, to a maximum of ten (10) days at any one (1) location other than in connection with a major motion picture as further provided for in paragraph d,11., or may waive any other limitation or requirement of this subsection whenever he or she determines that such a permit may be issued without endangering the public health, safety and welfare. In determining whether to issue a waiver under this section, the Director shall consider the following factors: (a) Traffic congestion at the location caused by vehicles to be parked; (b) Applicant’s ability to remove film and related vehicles off the public streets; (c) When the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming; (d) Nature of the film shoot itself (e.g., indoor, outdoor, day or night); (e) Prior experience of the applicant within the Township, if any; and (f) Consultation with the Mayor and Council. 9. Copies of the approved permit will be sent to the Police and Fire Departments before filming takes place, and to The New Jersey Motion Picture and Television Commission. The applicant shall permit the Fire Prevention Bureau or other Township inspectors to inspect the site and the equipment to be used at any time. The applicant shall comply with all safety instructions issued by the Fire Official or other Township Inspectors and employees. 10. In addition to any other fees or costs mentioned in this subsection, the applicant shall reimburse the Township for any loss of revenue, such as parking meter revenue, repairs 115

to public property or other revenues or expenses that the Township has either incurred or been prevented from earning because of the filming. 11. The permit shall be readily available for inspection at all times at the site of the filming. e. Special Regulations for Major Motions Pictures. 1. When filming is requested with respect to a major motion picture, the approved location of such filming and approved duration of filming by specific reference by day or date shall not exceed five (5) days in duration or as otherwise determined at the discretion of the Planning Director. 2. Any days necessary to be used for set up and preparation for a major motion picture filming may, in the discretion of the Director, be counted as filming days where such set up is anticipated to involve any of the factors set forth in paragraph d,8. above. f. Fees. In addition to direct reimbursement for all expenses including but not limited to police, fire, public safety, public works, overtime incurred by Township employees and other expenses incurred by the Township for any filming that takes place within the Township, the scheduled fees for the issuance of permits authorized by this subsection shall be as follows: 1. Basic filming permit: one hundred fifty ($150.00) dollars. (a) Where an applicant requests a waiver pursuant to paragraph c,8., and requires expedited processing of the permit application, the basic filming permit shall be three hundred ($300.00) dollars. 2. Daily filming fee payable in addition to the basic filming permit are as follows: (a) Major motion pictures: $3,000.00/day (b) Other filming: $1,000.00/day. 3. The following groups shall be exempt from the basic filming permit and per diem fees, and instead shall be charged only a twenty-five ($25.00) dollar, one-time fee for filming: (a) Not-for-profit organizations; and (b) Students of an educational facility filming for educational purposes only. g. Violations and Penalties. Any person violating this subsection or these rules and regulations or any instructions provided by the Fire Official or any other Township inspector or employee, upon conviction

enalties. Any person violating this subsection or these rules and regulations or any instructions provided by the Fire Official or any other Township inspector or employee, upon conviction thereof, shall be punished by a fine not exceeding one thousand ($1,000.00) dollars per day or by imprisonment not exceeding ninety (90) days, or both. A separate defense shall be deemed committed for each day during which the violation occurs or continues. The fines or penalty set forth herein shall be in addition to any other penalties which may be incurred. (Ord. No. 1669-99 §§ I-VII; Ord. No. 2051-05 §§ II–III) 25-25 RESERVED. 25-26 CONSERVATION DISTRICT. 25-26.1 Creation and Purpose. There is hereby created a Conservation District, the purpose of which is to restrict development of public lands and to thereby promote conservation of open spaces and valuable resources. (Ord. No. 904-88 § 25-6.7A) 116