It is hereby declared to be the public policy
of this Township that in accordance with the Public Open Records Act
(N.J.S.A. 47:1A-1 et seq.) all government records kept in the course
of official duties by any Township officer or employee shall be readily
accessible for inspection, copying or examination, with certain exceptions
for the protection of the public interest.
Unless a shorter time period is otherwise provided
by statute, regulation or executive order, the Clerk will fulfill
the request 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 request. 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.
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.
Upon the approval of a request to view, inspect,
examine or copy a record, the record and the requestor will 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.
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, up to 8 1/2 inches
by 14 inches in size, shall be billed at the rate of $0.05 per page,
or at such lower rate as may be determined by the Chief Financial
Officer, equal to of the actual cost of reproducing one page.
[Amended 5-19-2010 by Ord. No. 7-10; 3-2-2011 by Ord. No. 2-11]
B. Large-sized paper documents and maps.
Document
|
Fee
|
---|
Zoning Map
|
$1.50 or actual cost
|
Street Map
|
$1.50 or actual cost
|
Drug-Free School Zone Map
|
Actual cost
|
Soils Survey Map
|
Actual cost
|
Site plan
|
Actual cost
|
Subdivision plat
|
Actual cost
|
Tax maps
|
$4.00 or actual cost
|
Engineering plans
|
Actual cost
|
C. Preprinted documents.
Document
|
Fee
|
---|
Copy of the Code book
|
$450.00 or actual cost
|
Each Code supplement
|
Actual cost
|
Zoning/Land Use pamphlet
|
$15.00 or actual cost
|
Master Plan
|
$40.00 or actual cost
|
D. Police reports and photographs.
(1) Police accident and/or incident reports: $0.05 per page, plus $5
when reports are requested in the mail or other than in person.
[Amended 3-2-2011 by Ord. No. 2-11]
(3) Photographs: the actual cost of reproducing said photographs, whether they be black and white or in color, unless the request is for a photostatic copy, in which event the fees shall be in accordance with Subsection
D(1) herein.
[Amended 3-2-2011 by Ord. No. 2-11]
(4) Fees for additional police services not listed above are included in §
7-39, Police Department fees established.
[Added 9-1-2004 by Ord. No. 28-04]
E. Electronic records.
(1) Copy of videotape. Tape supplied by municipality:
$3.50 or actual cost.
(2) Copy of audiotape. Tape supplied by municipality:
$2 or actual cost.
(3) Copy of electronic document or database. The following fees cover the cost of copying existing files to a floppy disk or 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 floppy disk or CD provided by the requestor is prohibited.
|
Type
|
Fee
|
---|
|
Floppy disk
|
$1.00 or actual cost
|
|
CD
|
$2.00 or actual cost
|
(4) Where a copy of a video, audio or electronic record
is requested and the requestor has provided videotape, audiocassette,
computer diskette or CD, there will be no charge if the record can
be duplicated in house by Township employees. However, where it is
necessary to out-source the request, a special service charge may
apply.
F. Miscellaneous medium.
Type
|
Fee
|
---|
Microfilm
|
Actual cost
|
Mailing labels
|
Actual cost
|
G. A special service 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 service charge
prior to it being incurred.
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: actual
cost.
(2) Conversion of electronic files from one software product
to another: actual cost.
(3) If the request for a record is not in a medium not
routinely used by the Township, not routinely developed or maintained
by the Township, or requires substantial amount of manipulation or
programming of information technologies, the Township will impose
a special charge based on the cost for extensive use of information
technology, or for labor cost of personnel providing the services
that is actually incurred by the Township or attributable to the Township
for the programming, clerical and supervisory assistance required,
or both. The requestor shall have the opportunity to review and object
to the special service charge prior to it being incurred.
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.
K. For purposes of this chapter, "actual cost" shall
mean the cost of materials and supplies used to make a duplicate of
the record, but shall not include the cost of labor or other overhead
expenses associated with making the duplicate except where a special
service charge is permitted.