Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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) 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

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 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. 138

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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 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

($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) 25-26.2 Public Lands within the Conservation District. The following Public Lands are designated as being within the Conservation District: 139

DRAFT PROPOSED REVISIONS – OCTOBER 2011 a. Lands designated as Category C on the Zoning Map of this chapter used as public parks or public recreation areas, passive or active. b. Areas of potential use as public parks or public recreation areas designated on the Zoning Map as Category C. c. Undeveloped lands designated as Category C on the Zoning Map of this chapter which may have one (1) or more of the following characteristics: 1. Environmental sensitivity 2. Scenic views 3. Wildlife 4. Steep slopes 5. Wetlands d. Lands which are vital to the preservation of regional water supplies as designated on the Zoning Map* as Category C. (Ord. No. 904-88 § 25-6.7B) 25-26.3 Permitted Principal Uses in the Conservation District. In the Conservation District, no land or building structure shall be used and no building or structure shall be erected, constructed or altered to be used for any purpose other than the following: a. Utility facilities related to the protection, preservation or distribution of Regional Water Supplies. b. Park and recreation uses in areas meeting the definition of "open space" as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-5. c. Forestry and natural cover, which are valuable in protecting Township wetlands and bottom lands that have a high water table or are subject to floods. d. The following uses, subject to the approval of the Planning Board: 1. Works for watershed protection, municipal water supply, power line rights-of-way, garbage disposal facilities and sewerage disposal facilities. 2. Noncommercial outdoor recreational uses limited to park, playground, athletic field, tennis, firearm and archery ranges, swimming and ice skating, together with customary accessory uses and buildings, including a clubhouse, provided that prior to public hearing the applicant shall obtain and deliver to the Planning Board reports from the Township Health Officer and from the New Jersey State Department of Environmental Protection indicating that proposed structure or use will not seriously interfere with the flow of

Health Officer and from the New Jersey State Department of Environmental Protection indicating that proposed structure or use will not seriously interfere with the flow of floodwater and will not endanger the public health and safety. 3. A Township owned, sponsored, or supported animal shelter may be created within the Conservation District but only upon Block 170, Lot 13. (Ord. No. 904-88 § 25-6.7C) 25-26.4 Accessory Uses. Uses customarily associated with the above uses, provided such accessory uses are subordinate to the principal use and serve only the principal use are permitted. (Ord. No. 904-88 § 25-6.7D) * Editor's Note: Ordinance No. 2002-05, codified herein as subsection 25-18.15 was adopted March 1, 2005. 140

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-26.5 Yards. For outdoor recreational facilities, for buildings and for structures, the front yards, side yards and rear yards shall not be less than fifty (50) feet from all street and property lines. (Ord. No. 904-88 § 25-6.7E) 25-26.6 Height of Buildings and Structures in Conservation District. No building or structure shall exceed one (1) story or twenty-five (25) feet in height, except that works for watershed protection and facilities for water supply and sewage disposal shall not exceed forty (40) feet in height. (Ord. No. 904-88 § 25-6.7F) 25-26.7 Off-Street Parking. Off-street parking facilities for uses permitted under subsection 25-26.3 shall be constructed or so located upon the lot as to have direct access to a public street or a private street as of the effective date of this subsection. (Ord. No. 904-88 § 25-6.7G) 25-26.8 Coverage. Not more than twenty-five (25%) percent of a lot shall be covered by buildings or structures, accessory buildings, and parking lot for the buildings and structures. (Ord. No. 904-88 § 25-6.7H) 25-26.9 Interpretation of Restrictions. The restrictions and controls imposed by this section are intended to be in addition to any other restrictions imposed by this chapter. Where this section imposed greater restrictions upon the use of buildings or premises of this chapter, then the provisions of this section shall control and supersede such other provisions. (Ord. No. 904-88 § 25-6.7I) 25-26.10 Periodic Review. This section shall be periodically reviewed by the Mayor, the Township Council and the Planning Board consistent with its required periodic Master Plan Review. (Ord. No. 904-88 § 25-6.7J) 25-26.11 Amendments. In the event that amendments are proposed to this section or to Schedule I of this chapter, the Chairperson of the Environmental Commission shall be notified in writing prior to first reading. (Ord. No. 904-88 § 25-6.7K) 25-26.12 Resolutions Affecting Land in the Conservation District. The Environmental Commission is to be notified, in writing, of any resolutions, proposed by or to the Township Council, which would impact any of the land designated as part of the Conservation District. (Ord. No. 904-88 § 25-6.7L) 25-26.13 Schedule I. A schedule (Schedule I) is added to this chapter which lists those properties that are subject

land designated as part of the Conservation District. (Ord. No. 904-88 § 25-6.7L) 25-26.13 Schedule I. A schedule (Schedule I) is added to this chapter which lists those properties that are subject of this section and which are depicted on the Zoning Map. Where a difference exists between Schedule I and the Zoning Map, Schedule I controls. (Ord. No. 904-88 § 25-6.7M) SCHEDULE I PUBLIC LANDS WITHIN THE CONSERVATION DISTRICT 141

DRAFT PROPOSED REVISIONS – OCTOBER 2011 In accordance with the provisions of subsection 25-26.2 the following lands shall be designated as being within the Conservation District. a. Public Parks and Public Recreational Areas. Block Lot(s) 1. South Mountain Reservation 163 2, 5, 8 164 1 2. Eagle Rock Reservation 150 1 3. May Apple Hill Park 167 1 4. City of Orange Reservoir 162 2 163 1 5. O'Connor Park 172 29.02 6. Boland Park 165.06 1 7. Francis Byrne Golf Course 157.01 11 8. Degnan Park 154.19 6 9. Woodhull Field 55 8 10. Colgate Field 125.02 106 11. Lancaster Park 155.11 10, 12, 14, 16, 18, 22, 24 12. Rolling Green Hills 86.05 1, 2 13. Stagg Field 168 25 14. Mt. Pleasant School Field 172 29.01 15. Pleasantdale School Field 176.01 7 16. Washington School Field 125.01 40, 45, 63 17. Administration Building Field 154 20.03 18. Jenkins Field 16 5 19. Lafayette Park 61 27 20. Club Boulevard Tot Park 52.12 17 21. Byrne Park 118 20.01, 32 Block Lot(s) b. Potential Public Parks and Public Recreational Areas. 1. Crystal Lake Portion dedicated to Township 107 1.02 2. Area adjacent to Route 280 172.05 2-18 172.06 2-26 172.08 2-22 172.09 2-14 172.10 18-22 172.22 6 174

172.09 2-14 172.10 18-22 172.22 6 174 619 142