TABLE OF CONTENTS

Applying this Guide....................................................................................................................... 2

Process Snapshot......................................................................................................................... 2

Philosophy...................................................................................................................................... 4

Guiding Principles......................................................................................................................... 4

Producing in Cary.......................................................................................................................... 4

Production Classifications............................................................................................................ 5

Requirements of Low Impact Productions.................................................................................. 6

Requirements of Moderate Impact Productions........................................................................ 7

Requirements of High Impact Productions................................................................................. 8

Exemptions, Waivers, and Reductions....................................................................................... 8

Limits of Support........................................................................................................................... 8

Getting Started............................................................................................................................... 9

Appendix...................................................................................................................................... 10

APPLYING THIS GUIDE

This guide addresses production activities’ impacts on the community regardless of a production’s purpose or proposed use (see Production Classifications). It is irrelevant to the Town if a production is commercial in nature or not-for-profit; what matters is if and how our citizens’ daily lives might be affected by the associated activities. Therefore, for the purpose of the guide, “production” may include any film, video, or photographic activities based on impact and without regard to whether or not a production is commercial, educational, or professional.

This guide does not apply to bona-fide news media coverage of breaking news, entertainment, sports, or other special events. Also exempt are individual recording or photography activities that use no props or models and have no community impact (see Production Classification). Exempt projects need not contact the Town.

PROCESS SNAPSHOT

Take a look at our process flowchart on the next page. As it illustrates and as is detailed in this document, the process for producing in Cary is simple and straightforward.

TOWN OF CARY FILM / VIDEO / PHOTOGRAPHY GUIDE FLOWCHART

PHILOSOPHY

In recognition of their potential socioeconomic contributions, the Town of Cary welcomes film/video/photography productions in our community. And as with other civic, educational, and business efforts, we pledge the highest quality customer service to individual producers and production companies as well as to existing citizens and businesses that may be impacted by such ventures.

GUIDING PRINCIPLES

1. The Town of Cary will strive to create an environment that fosters success for film/video/photography productions.

2. Safety, health, welfare, property, and the environment will be protected.

3. Impacts to existing citizens and businesses will be minimized and mitigated.

4. Costs to the Town resulting from and not offset by a clearly demonstrated economic benefit of the production will be recovered from the production.

PRODUCING IN CARY

To ensure that productions are as positive an experience for Cary citizens as they are for cast and crew, all productions should adhere to the following:

Conduct

We’re glad you found what you were looking for in Cary. Show your appreciation to the citizens and businesses of our community by ensuring that all members of the production follow the Code of Conduct, included in the appendix.

Hours

Most production activities are allowed daily in residential and commercial areas between 7 a.m. and 11 p.m. and during regular hours of operation in the case of parks, trails, and greenways. These activities include but may not be limited to the arrival and departure of cast, crew, supplies, and equipment as well as actual filming/taping/photographing. However, some activities—typically those that generate significant noise--often have more restrictive allowable times. These include but may not be limited to the use of heavy equipment, amplified sound, generators, and air compressors (see Noise Ordinance in the appendix). In some instances and where advance written approval is obtained from affected property owners, the Public Information Officer may grant an extension. See attached Extended Hour Form in the appendix.

Noise

All sounds resulting form the production will at all times be in compliance with the Town of Cary’s Noise Ordinance. If complaints are received, the production will work quickly and in good faith with the Town and affected residents to develop and implement strategies to address residents’ concerns. See attached Noise Ordinance in the appendix.

Lighting

Artificial lighting will be oriented away from neighboring residences and should not interfere with the safe movement of traffic and pedestrians.

Restoration of Property

Whether public or private, productions will fully restore to original condition all property within 10 business days. Additionally, production members will keep Cary neat and clean by ensuring that all trash, garbage, containers, food, debris, lumber, props, sets, vehicles and all other materials from the production are removed from the location and properly disposed of or relocated within 24 hours of the completion of activity at that location.

Permits and Licensing

Film/Video/Photography entities that have a North Carolina State Privilege License are exempt from the Town of Cary’s local business license requirements. Find out if you qualify by calling the NC Business License Information Office at (919) 807-2166. Otherwise and as is the case in most other North Carolina cities, companies that receive revenue from production activities that occur in Cary will need to obtain a Town of Cary business license See the application in the appendix. Other Town permits that might be necessary, such as a noise permit or temporary use permit, only apply to High Impact productions and will be discussed during the pre-production meeting. Finally, no Town of Cary licenses or permits can override the need or substitute for the production entity to secure necessary permissions from relevant state or federal agencies.

PRODUCTION CLASSIFICATIONS

The amount of oversight and/or resources the Town will need to devote to supporting the Guiding Principles depends in large measure on the impact each production has on the community: the greater the impact, the greater the necessary oversight/resources. For purposes of this guide, impacts are classified as low, moderate, or high as follows:

Low Community Impact

Productions described by all of the following are considered low impact:

§ No exclusive or after hours use of all or any portion of public streets or other public facilities; and,

§ No impact to normal vehicle or pedestrian movement on public streets, sidewalks, trails, or greenways; and,

§ No generator; and,

§ No amplified sound; and,

§ 5 or fewer production members, including talent and crew; and,

§ No audience; and,

§ No wild, exotic, or non-domestic animas; and,

§ No pyrotechnics or other special effects; and,

§ No filming/moving picture vehicles.

Moderate Community Impact

Productions with any of the following are considered moderate impact:

§ Vehicle traffic is temporarily (up to 4 consecutive hours) interrupted on public streets outside of weekday morning and evening rush hours (6-9 a.m. and 4‑7 p.m.); or,

§ Pedestrian traffic is temporarily (up to 4 consecutive hours) interrupted on public sidewalks, trails, or greenways; or,

§ Exclusive use of all or a portion of a public facility is required outside of normal hours of operation; or,

§ A tripod or dolly is temporarily (up to 4 consecutive hours) used on and blocks safe, general access to public sidewalks, trails, greenways, or streets; or,

§ Wires or cables temporarily (up to 4 consecutive hours) run across or over public sidewalks, trails, greenways or streets; or,

§ 6-10 production members, including crew and talent, are onsite; or,

§ Public parking is temporarily (up to 4 consecutive hours) impacted.

High Community Impact

Productions with any of the following are considered high impact:

§ Vehicle traffic is interrupted on public streets for more than 4 consecutive hours or for any period of time during weekday rush hours (6-9 a.m. and 4-7 p.m.) ; or,

§ Pedestrian traffic is interrupted on public sidewalks, trails, or greenways for more than 4 consecutive hours; or,

§ Exclusive use of all or a portion of a public facility is required during normal hours of operation; or,

§ A tripod or dolly is used on and blocks safe, general access to public sidewalks, trails, greenways, or streets for more than 4 consecutive hours; or,

§ Wires or cables run across or over public sidewalks, trails, greenways or streets for more than 4 consecutive hours; or,

§ A generator, air compressor, or heavy equipment is used within 300 feet of a residence or on a public sidewalk, greenway, trail, or street; or,

§ Amplified sound over 50 decibels is used; or,

§ More than 10 production members, including crew and talent, are onsite; or,

§ There is an audience; or,

§ Wild, exotic, or non-domestic animas are present on the location; or,

§ Special effects including but not limited to pyrotechnics are used; or,

§ Public parking is impacted for more than 4 consecutive hours; or,

§ Filming/moving picture vehicles are used. Or,

§ A tent is erected or a trailer/mobile unit is temporarily staged; or,

REQUIREMENTS OF LOW IMPACT PRODUCTIONS

Productions that meet all of the criteria for a low impact classification will need to address the following before beginning activities in Cary:

1. Contact the Public Information Division to:

§ Advise the Town of your plans and give us an opportunity to ask questions and to ensure there are no known conflicts with the schedule for or location of your proposed production.

2. Receive, review, and certify in writing (fax, letter, e-mail) that everyone involved with the production will abide by the Town’s Code of Conduct for Film/Video/Photography Productions.

3. Determine if a Town of Cary business license is necessary and secure if needed.

The Public Information Division is responsible for facilitating coordination between the production and other Town departments as necessary. Contacting us as soon as possible – preferably no less than one week in advance – will help ensure that your production proceeds smoothly.

REQUIREMENTS OF MODERATE IMPACT PRODUCTIONS

In addition to the requirements of low impact productions, moderate impact productions will need to address the following before beginning activities in Cary:

Location Agreement

You will need to join the Town in signing a location agreement that articulates the promises we make to each other towards the success of your production. Keep a copy of the signed agreement with your crew while on location. See a sample location agreement in the appendix.

Traffic Impact Statement

You will need to give us detailed information on how vehicle and/or pedestrian traffic will be impacted by the production. Based on your information, the Town will tell you what types of mitigation will be necessary such as signs, barricades, detours, and police officers to direct traffic. Some of the questions you’ll want to address to us in your letter or e-mail are:

§ Which streets/sidewalks/trails/greenways (name, block range/distance) will be impacted?

§ Will they be totally or partially blocked?

§ How many hours will they be blocked?

§ Which hours of the day?

§ What dates, days of the week?

§ Would emergency response vehicles physically be able to pass or would a detour be necessary?

Insurance

You will need to show that you have insurance coverage as follows:

§ General Liability: $1 million Bodily Injury and Property Damage combined.

§ Automobile Liability: $1 million Bodily Injury and Property Damage combined.

§ Use of explosives: $2 million Bodily Injury and Property Damage combined.

The Town of Cary will need to be named on your Certificate of Insurance, only one of which is needed by the Town to cover all of your activities with all Town departments. You may keep your insurance coverage on file for one year for any future projects.

Compensations and Reimbursement

You will need to agree to compensate the Town for costs related to supporting your production. Depending on the requirements of your production, expect to pay the hourly salaries (including overtime if necessary) of police officers directing traffic, public works crews preparing sites, or facility staff supervising the use of Town buildings. If you wanted the Town to make changes to a facility such as planting more flowers or painting a wall, you should also be prepared to pay for the necessary materials and supplies.

REQUIREMENTS OF HIGH IMPACT PRODUCTIONS

In addition to the requirements of low and moderate impact productions, high impact productions will need to address the following before beginning activities in Cary::

Pre-Production Meeting

You will need to schedule a meeting with the Public Information Officer prior to having your production approved for locating in Cary. Other Town staff may attend in order to expedite the process. Some of the issues we’ll likely discuss include noise, traffic, lighting, parking, and community notification. Contacting us as soon as possible—preferably no less than three week in advance--will help ensure that your production proceeds smoothly.

Community Notification

The Town is happy to have your production in Cary, and we want our residents and business persons to feel the same way. That’s why you will need to follow the procedures outlined below to notify residents and businesses in areas of the community affected by your production:

§ Call the Public Information Division at least 5 business days prior to commencing work to confirm your plans.

§ Notify potentially affected properties at least 72 hours prior to commencing activities; this will ensure that citizens have an opportunity to contact the Town or you with questions during regular business hours.

§ Distribute notices in an area not less than 1,000 feet in all directions from the location.

§ A sample notification form is provided in the appendix. If you prefer to create your own notice letter, be sure it contains all the information that is supplied on the sample form.

Please note that failure to properly notify residents or to make reasonable accommodations to mitigate your production’s impact on a neighborhood or business district may result in an unfortunate interruption in your production activities.

EXEMPTIONS, WAIVERS, AND REDUCTIONS

We recognize that each production has its own unique challenges, and we’re happy to discuss any issues you may have with meeting specific requirements in this guide. In every case, we’re committed to doing all that we can to ensure your success, and in most cases, we have the flexibility to come up with solutions to support that commitment. Contact Public Information to discuss you case one-on-one.

LIMITS OF SUPPORT

At the Town of Cary, we take very seriously our charge to run as efficient and effective an organization as possible. One way we do this is by hiring just enough staff and purchasing just enough supplies and equipment to support our core work for the community. So, we hope you understand why we aren’t able to provide you with Town staff, vehicles, equipment, uniforms, and alike for use in your production.

Also, the Town’s seal, logos, public safety patches, and other similar items can only be used for official Town of Cary business, so we won’t be able to allow you to reproduce them or use their likenesses in your project.

GETTING STARTED

Now that you’ve read this guide and determined that it applies to your work in Cary, one call to the Town of Cary’s Public Information Division will put you in business. Please call Public Information about your project as soon you determine that Cary is on your shortlist of locations; the more lead time given, the better we can serve you.

Public Information Division Contact

Susan Moran, APR

Public Information Officer

Town of Cary

PO Box 8005

Cary, NC 27512-8995

(919) 460-4951 (voice)

(919) 460-4929 (fax)

susan.moran@townofcary.org

APPENDIX

Code of Conduct

Town of Cary Business License Application

Sample Notification Letter

Sample Location Agreement

Sample Extended Hour Form

Town of Cary Noise Ordinance

Town of Cary Temporary Use Permit Application

TOWN OF CARY CODE OF CONDUCT

FOR FILM/VIDEO/PHOTOGRAPHY PRODUCTIONS

Remit To:	TOWN OF CARY	Revenue Collector Town of Cary
Privilege License P O Box 8049	North Carolina	120 Wilkinson Avenue Cary NC 27513
Cary NC 27512-8049	Privilege License and Fire	(919) 460-4952
	Inspection Registration Form	FAX (919)388-1107 business.license@townofcary.org

Name of Business and Business Address

Business Mailing Address (If Different)

Please complete the information below.
Description of Business:
Business Phone Number:	area code( )-
Owner's/Officer's Name:
Owner's Home Street Address:
Owner's Home City, State & Zip:
Owner's Home Phone Number:	area code( )-
State Professional License Number:
Type of Ownership(Inc,PT,or Indv):
Date Business Began Operation:
*Payment of the privilege license tax to the Town does not relieve the applicant of responsibility for complying with all applicable* *Cary* *Town* *ordinances, state or federal laws and regulations. Signature:___________________________ Date:*________________________________
Privilege License Tax Fee Computation As Determined FromTax Schedule. Please pay with application.
TAX SCHEDULE A		Gross Receipts/Sales $___________	License Tax Due $___________
TAX SCHEDULE B ___________ ___________ ___________		Number of: Machines/Operators/Rooms/ Alleys/Etc. ___________ ___________	License Tax Due $___________ $___________ $___________
TAX SCHEDULE C			License Tax Due $___________
TAX SCHEDULE D		Check Box If Exempt { }	License Tax Due None

BUSINESS OWNERS/OPERATORS LOCATED IN CARY

The Cary Police and Fire Departments request that you provide the name and telephone number of local persons who may be contacted in a case of an emergency at your business. Please complete the information requested below:

Emergency Contact #1: Name: _____________________________

Phone: ( __ ) _____________

Emergency Contact #2: Name: _____________________________

Phone : ( ) _____________

PAYMENT MAY BE MADE BY:

Check, payable to Town of Cary

Cash, if paying in person

Credit card (Visa, Master Card, Diners Club, Carte Blanche and JCB only). We do not accept American Express. If paying by credit card, please complete the following:

Type of credit card (Visa etc)_____________________

Credit card number:_______ _______ _______ ________

V-Code* ________________

Expiration date:_______________________________

Name card is issued to:_________________________

* The V-Code is the 3 digit credit card security number located on the back of your credit card in the signature block.

TOWN OF CARY

P O BOX 8049

CARY NC 27512-8049

GENERAL INFORMATION-CARY PRIVILEGE LICENSE APPLICATION FORM

How the Privilege License Tax Works: If your type of business is listed on Tax Schedule B,C or D then your tax rate is established or limited by state statute and your tax amount is the amount shown in that schedule. If your business type is not listed on schedule B,C or D, then your tax rate is based on your gross receipts/sales under Tax Schedule A. A separate license is required for each business type listed in Schedule B. It is also possible a business may need to be licensed under both Schedule A and B. For example: Convenience store with total gross receipts of $200,000 per year selling gasoline, cold sandwiches, ice cream and other items not listed in Schedule B would have two options:

1. Purchase several privilege licenses for: BA11(service station)=$12.50; BS07(sundries)=$4.00; BI03(ice cream)=$2.50 and gross receipts of $100,000 for other items= $100.00; grand total =$119.00.

2. Purchase one privilege license based on total gross receipts of $200,000=$150.00. This method may require less accounting on the part of the business.

Gross Sales /Receipts. The amount reported as gross sales/receipts on a businesses state/federal income tax return for the most recently completed tax year. New businesses must estimate expected gross sales/receipts from the date that operations begin through June 30. Note: Businesses not physically located in Cary will determine gross sales/receipts on income generated in Cary.

Businesses run from the home: Before applying for a Privilege License, an Accessory Use Permit must be submitted to the Planning Office for approval. Once approval is granted, the Privilege License may be obtained.

The following regulations and classifications are taken from Chapter II, Article II of the Town of Cary Code of Ordinances and are intended as a summation only.

1. Who Must Pay. Any person who conducts a business within the town, either by maintaining a business location within the town limits; or personally or through agents, solicits business within the town; or picks up and/or delivers goods or services within the town limits, is liable for the Privilege License Tax unless specifically exempted by state law. If an individual or company is engaged in more then one type of business, separate licenses may be required for each type.

2. Who Must Complete This Form. This form is used for Privilege License Taxes and for Fire Inspections. The Town of Cary requires that all businesses and organizations complete this form. The information on this form is available to the Cary police, fire and rescue squad. The license will not be issued until the Privilege License registration form is fully completed.

3. Exemptions. Any person who engages in business in the town for religious, educational or charitable purpose shall be exempt from obtaining a Privilege License. Charitable, non-profit, organizations must be registered with the Secretary of State’s office before exemption may be allowed. In addition, certain businesses are exempted by the State from the tax(see Tax Schedule D).

4. Date Due and Penalty. License payments are due by July 1 and the penalty shall begin on July 2nd at the rate of five percent(5%) of the original tax due for each month or portion thereof that the tax is delinquent.

5. Privilege License Tax Year. The Town of Cary Privilege License tax year runs from July 1 through June 30 each year.

6. Proration/Abatement of Tax. The license tax year begins July 1 of each year and renewals are due by July 1 of each year. When the business begins after January 31, then the amount of the tax for the tax year ending June 30 of the same year is one half of that normally due. If a business is discontinued before the end of the period for which the license was issued, the tax shall not be abated nor any part refunded.

7. Enforcement of Tax. Conducting business within the town without having paid the license tax, or without a valid license issued, or without posting a license is a misdemeanor. Each day’s violation is a separate offense.

8. Display of License. Each business shall post the license in a conspicuous place at the regular place of business. If there is no regular place of business, the license shall be kept where it may be inspected at appropriate times.

9. Method of Payment. Check or money order shall be made payable to” Town of Cary”. Cash is acceptable if paying in person. Credit cards are accepted (Visa, Master Card, Diners Club, Carte Blanche and JCB only). For credit cards, please complete the information on the reverse of the application form.

Information submitted is considered public knowledge per General Statutes 132-6 and as such is available to the general public upon request. Information regarding gross receipts is privileged information and will not be released to the general public.

TOWN OF CARY PRIVILEGE LICENSE TAX PAYMENT SCHEDULE

TAX SCHEDULE A (FOR BUSINESSES NOT LISTED BELOW)

Gross Sales/Receipt	License Tax	Additional
$ 0 - 20,000	$25.00	Over $100,000, then tax is $100.00 plus $.50
20,001 - 30,000	35.00	per $1000 or fraction thereof for sales/receipts
30,001 - 50,000	50.00	over $100,000 up to a maximum tax of $450.00
50,001 - 75,000	75.00
75,001 - 100,000	100.00

TAX SCHEDULE B

TYPE	DESCRIPTION	TAX	TYPE	DESCRIPTION	TAX
BA01	Advertising-outdoor	$35.00	BH01	Heating Contractor	$50.00
BA03	Amusement-pinball, rides, skating rinks,		BH02	registration only	0.00
	swimming pools	25.00	BH03	Hotel, Motel/per room ($25.00 minimum)	1.00
	Amusements-coin operated, see slot machines		BI01	Ice Cream Manufacture/Dist (call 919-460-4952)
BA05	Amusements-other (for fee)	25.00	BI03	Ice Cream-Retail Sales	2.50
	Auto Dealer see motor vehicle dealer		BI05	Itinerant Merchant	100.00
	Auto Equipment, Wholesale			Laundries & Linen Supply
BA09	Delivery by vehicle (no location in town)	25.00	BL01	Steam or electric laundry/per site	50.00
BA10	Located in town	37.50	BL03	Solicitors of laundry to be done outside town	12.50
BA11	Auto Service & Equip.-Retail	12.50	BL05	Loan Agency or Broker	100.00
BB01	Barbershop/per operator	2.50		Motels-see Hotels,Motels
BB03