Township of Franklin, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Franklin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development — See Ch. 90.
[Adopted 4-24-2000 by Ord. No. 2000-6]

§ 74-1 Fees established.

The following fees shall be paid by the applicant at the time of passage of a resolution of subdivision approval by the Planning Board or the Board of Adjustment of the Township of Franklin for the cost of making updates and modifications to the Tax Maps of the Township of Franklin relating to said applications:
A. 
Minor subdivision: one lot, plus the remainder: $500.
[Amended 2-10-2003 by Ord. No. 2003-3]
B. 
Final subdivision:
(1) 
Four to seven lots: $750.
(2) 
Eight to 12 lots: $1,000.
(3) 
Thirteen to 19 lots: $1,250.
(4) 
Twenty lots or more: $1,500 plus $50 per lot in excess of 20.

§ 74-2 Payment of fees condition of approval.

Payment of the fees required hereunder shall be an expressed condition of any subdivision approval granted by either the Franklin Township Planning Board or the Franklin Township Board of Adjustment, as the case may be.
[Adopted 10-14-2002 by Ord. No. 2002-12]

§ 74-3 Policy.

It is hereby declared to be the public policy of this Township Committee to recognize the public's general right to know pursuant to the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.). All records kept in the course of official duties by any Township of Franklin officer or employee shall be deemed to be "government records," as that term is defined by N.J.S.A. 47:1A-1.1, and such records shall be subject to inspection by the public unless exempt under the statute or other regulation, common law practice, executive order of the Governor, Rules of Court, federal law or judicial decision.

§ 74-4 Custodian of records; records request form.

In accordance with N.J.S.A. 47:1A-1.1, the Municipal Clerk is designated as the custodian of records. The Clerk shall adopt a form for the use of any person who requests access to a record, and such form shall contain all of the information required by N.J.S.A. 47:1A-5(f).

§ 74-5 Inspection and copying of public records.

A. 
Any person seeking to inspect, examine or copy a public record of this municipality shall make application in writing to the Municipal Clerk, during regular business hours, on the form provided. All requests for public records shall be as specific as possible, including the type of record and date created, if known.
B. 
The Municipal Clerk shall promptly comply with a request to inspect, examine, copy or provide a copy of a government record. If the Clerk is unable to comply with a request for access, he or she shall indicate on the request form the specific basis for such inability to comply and shall promptly return it to the requestor. The Clerk shall sign and date the form and provide the requestor with a copy thereof.
C. 
In those instances where the nature of the request or the record itself leads the Municipal Clerk to doubt whether or not the record is a "government record" as defined by law or is a record exempt from disclosure, the Clerk shall request an opinion from the Municipal Attorney. A copy of the request form shall be forwarded to the Attorney, who, after review and investigation, shall issue an opinion and note such opinion on the request form and promptly return it to the Municipal Clerk.
D. 
If any part of a particular record is exempt from public access pursuant to N.J.S.A. 47:1A-1 et seq., the Clerk shall delete, redact or excise from a copy of the record that portion which is exempt from access and shall promptly permit access to the remainder of the record.
E. 
If the record requested is temporarily unavailable because it is in use or in storage, the Clerk shall so advise the requestor and shall make arrangements to make a copy of the record available.
F. 
If a request for access to a government record would substantially disrupt municipal operations, the Clerk may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the municipality.
G. 
As required by N.J.S.A. 47:1A-5e, immediate access shall be granted for access to budgets, bills, vouchers, contracts (including collective negotiations agreements and individual employment contracts), and public salary and overtime information.

§ 74-6 Time limits for compliance.

Unless a shorter time period is otherwise provided by statute, regulation or executive order, the Clerk shall grant access to a government record or deny a request for access to a record as soon as possible, but not later than seven business days after receiving the request, provided that the record is currently available and not in storage or archived. In the event that the Clerk fails to respond within seven business days after receiving a request, the failure to respond shall be deemed a denial of the request, unless the requestor has elected not to provide a name, address or telephone number, or other means of contacting the requestor. If the requestor has elected not to provide a name, address, or telephone number, or other means of contacting the requestor, the Clerk shall not be required to respond until the requestor reappears before the custodian seeking a response to the original request. If the government record is in storage or archived, the requestor shall be so advised within seven business days after the Clerk receives the requests The requestor shall be advised by the Clerk when the record can be made available. If the record is not made available by that time, access shall be deemed denied.

§ 74-7 Posting of appeals procedure.

The Clerk shall post prominently in public view, in or adjacent to the Clerk's office, a statement that sets forth in clear, concise and specific terms the right to appeal a denial of or failure to provide access to a government record and the procedure by which an appeal may be filed.

§ 74-8 Viewing of government records; removal prohibited.

A. 
Upon the approval of a request to view, inspect, examine or copy a record, the record and the requestor shall remain in the presence of the Municipal Clerk or his or her authorized representative at all times. Under no circumstances shall any government record be removed from the office where it is normally kept unless accompanied by the custodian or his or her authorized representative.
B. 
In the event that the nature of a request to view records requires that the Clerk or other municipal employee observe or monitor such viewing for a period of time exceeding one hour, the requestor shall be responsible for reimbursing the municipality for time spent by the Clerk or other employee.

§ 74-9 Procedures and fees for purchasing copies of public records.

Copies of records may be purchased for the fee prescribed by law or regulation. If a fee is not prescribed by law or regulation, the fee shall be the actual cost of duplicating the record, provided, however, that where the actual cost for duplication of a record exceeds the rates below, the actual cost shall be imposed:
A. 
Standard-sized paper documents, 8 1/2 by 11 inches in size or smaller: $0.05, and $0.07 per legal size page 8 1/2 inches by 14 or larger.
[Amended 12-5-2011 by Ord. No. 2011-9]
B. 
Large-sized paper documents (larger than 11 inches by 14 inches) and maps: not available.
[Amended 12-5-2011 by Ord. No. 2011-9]
C. 
Preprinted documents.
[Amended 4-7-2008 by Ord. No. 2008-6; 12-5-2011 by Ord. No. 2011-9]
Type
Fee
Code Book, per copy
$25 (additional for postage if mailed)
Each Code supplement
$3.00
Land Use Pamphlet
$25 (additional for postage if mailed)
Master Plan, per copy
$50 (additional for postage if mailed)
D. 
Police reports and photographs. (Not available)
(1) 
Police accident reports: same as Subsection A above, if requested and picked up in person.
(2) 
Police accident reports, when copies are requested other than in person: $5 for the first three pages and $1 per page for each additional page, as established by N.J.S.A. 39:4-131.
(3) 
Photographs.
E. 
Electronic records: (Not available by Township Individual transcribers retained by individual).
(1) 
Copy of videotape:
Type
Fee
Tape supplied by requestor
Not available
Tape supplied by municipality
Not available
(2) 
Copy of audio tape (Not available)
Type
Fee
Tape supplied by requester
Not available
Tape supplied by Municipality
Not available
(3) 
Copy of electronic document or database. The following fees cover the cost of copying existing files to a CD. Any requests for software conversions shall be subject to the special service charge described in Subsection G below. For security reasons, the use of a CD provided by the requestor is prohibited.
[Amended 12-5-2011 by Ord. No. 2011-9]
Type
Fee
CD
To be determined (additional for postage if mailed)
F. 
Miscellaneous medium.
Type
Fee
Microfilm
Not available
Mailing labels
Not available
G. 
A special charge shall be imposed, in addition to the actual cost of duplicating the record, where the nature, format, manner of collation or volume of printed matter is such that it cannot be reproduced by ordinary document-copying equipment in ordinary business size or where such record involves an extraordinary expenditure of time and effort to accommodate the request. The requestor shall have the opportunity to review and object to the special charge prior to it being incurred. When because of the nature of the request a special charge is necessary, the Township Clerk shall present the requestor with an estimate of the charge. The estimate will be based upon the number of hours anticipated to be required in order to comply with the request multiplied by the total salary and benefits of the person complying with the request divided into an hourly charge.
[Amended 4-2-2007 by Ord. No. 2007-9]
H. 
Conversion of records from one medium to another. Cost of duplication plus special service charges as follows:
(1) 
Conversion of paper record to electronic form: not available.
(2) 
Conversion of electronic files from one software product to another: not available.
I. 
Applicable postage shall be added for any and all records requested by mail.
J. 
A deposit shall be paid prior to filling any anonymous request where it is estimated that the information requested will cost in excess of $5 to reproduce. The amount of the deposit shall equal the total estimated cost of filling the request.

§ 74-10 Procedures and fees for purchasing copies of vital records.

[Added 6-3-2013 by Ord. No. 2013-7]
A. 
Any individual that establishes his or her right to request a copy of a vital record pursuant to the provisions of N.J.S.A. 26:8-62(a) shall be entitled to obtain a copy of vital records in accordance with the following fee schedule:
(1) 
Certified copy of birth, marriage, domestic partnership, and death certificate: $5 per copy.
(2) 
Certification of birth, marriage and death: $5 per copy.
(3) 
Photocopy of correction of birth, marriage, and death: $5 per copy.
(4) 
Correction to record of birth, marriage, and death: $5 per correction.
(5) 
Burial permits: $5 each.
B. 
Copies of vital records shall be furnished without fee to any individual or entity requesting a copy for any purpose set forth in N.J.S.A. 26:8-63.
C. 
All fees shall be payable to the Franklin Township Municipal Clerk at the time the copies are requested. In the event of a request for the regular mailing of a copy of a vital record, an additional mailing fee in the amount of $2.50 shall be remitted at the time the copies are requested. In the event certified mailing is requested, an additional mailing fee in the amount of $10 shall be remitted at the time the copies are requested.
[Amended 8-5-2013 by Ord. No. 2013-8]