§ 236-4. Rules and regulations governing issuance of permits.

A. 

No permits will be issued by the Business Administrator unless applied for prior to three days before the requested shooting date; provided, however, that the Business Administrator may waive the three-day period if, in his judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.

B. 

Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., and all activity shall meet the standards of Chapter 241, Noise, of the Township Code, provided that all requests for night scenes shall be approved in the permit to be granted in accordance with § 236-4F. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.

C. 

No permit shall be issued for filming upon public lands unless the applicant shall provide the Township 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 $1,000,000 and any occurrence in the aggregate amount of $1,000,000.

(b) 

For property damage 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 of Marlboro from any and all liability, expense, claim or damages resulting from the use of public lands.

(3) 

The posting of a cash bond of $500 or maintenance bond of $1,000 running in favor of the Township of Marlboro and protecting and ensuring that 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 30 days of the completion of the filming, the Township of Marlboro will return the bond if there has been no damage to public property or public expense caused by the filming.

(4) 

Accommodations have been made to provide toilet facilities required by filming participants.

(5) 

The hiring of an off-duty Marlboro police officer at rates set by the Marlboro Police Department for the times indicated on the permit. The Chief of Police shall determine, in his discretion, the number of officers required to maintain the public safety.

D. 

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 Marlboro Police Department with respect thereto.

E. 

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. 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 informed that objections may be filed with the Business Administrator, said objections to form a part of the 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 Business Administrator within two days of the requested shooting date.

F. 

The Business Administrator may refuse to issue a permit whenever he determines, after a review of the application and a report thereon by the Police Department and by other agencies involved with the proposed filming, 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, or if the Business Administrator otherwise determines that the filming on public lands would not serve the best interests of the Township of Marlboro. Further, the Township reserves the right to require one or more on-site patrolmen in situations where the proposed production may impede the proper flow of traffic or in any other way jeopardize the public safety; the cost of said patrolmen 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.

G. 

Copies of the permit application will be sent to the Police Department and Fire Prevention Bureau and the New Jersey Motion Picture and Television Commission for review before filming takes place. The applicant shall permit the Fire Prevention Bureau or other municipal inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instructions issued by the Fire Prevention Bureau or other Township inspectors.

H. 

In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Township for any lost revenue such as repairs to public property or other revenues that the Township was prevented from earning because of filming.