The purpose of this chapter is to implement
certain provisions of P.L. 2001, Ch. 404 (N.J.S.A. 47:1A-1 et seq.)
(the Government Records Access Law) by establishing charges for providing
copies of government records of the Township subject to public access
under the Government Records Access Law.
Pursuant to provisions of the Government Records Access Law (N.J.S.A. 47:1A-5b), a copy or copies of a government record of the Township subject to public access may be purchased by any person upon payment of the fee prescribed by law or regulation, or if a fee is not so prescribed, upon the payment of the actual cost of duplicating the record. Except as otherwise provided by law or regulation, the fee assessed for duplication of such government record embodied in the form of printed matter shall be as established in Chapter
83, Fees. If the government record is not embodied in printed matter, the charge of the copy or copies shall be the Township's cost of materials and supplies used to make the copy but shall not include the cost of labor or other overhead expenses associated with making the copy except as provided in §§
3-3 and
3-4, below.
Whenever the nature, format, manner of collation,
or volume of a governmental record of the Township subject to public
access embodied in the form of printed matter is such that it cannot
be reproduced by ordinary document-copying equipment in ordinary business
size or involves an extraordinary expenditure of time and effort to
accommodate the request, the Township shall charge, in addition to
the actual cost of duplicating the record, a special service charge
that shall be reasonable and shall be based upon the actual direct
cost of providing the copy or copies.
If a request is made of a government record
of the Township subject to public access in a medium not routinely
used by the Township, not routinely developed or maintained by the
Township, or requiring a substantial amount of manipulation or programming
of information technology, the Township shall charge, in addition
to the actual cost of duplication, a special charge that shall be
reasonable and shall be based on the cost for any extensive use of
information technology, or for the labor cost of personnel providing
the service, that is actually incurred by the Township or attributable
to the Township for the programming, clerical, and supervisory assistance
required, or both.