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