It is hereby declared to be the public policy
of this Borough 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 government
records, as that term is defined by N.J.S.A. 47:1A-1.1, 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.
Unless a shorter time period is otherwise provided
by statute, regulation or executive order, the Borough 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 Borough
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 Borough 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 Borough Clerk receives the request.
The requestor shall be advised by the Borough Clerk when the record
can be made available. If the record is not made available by that
time, access shall be deemed denied.
The Borough Clerk shall post on the Borough's
public bulletin board 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.
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.
|
Number of Pages
|
Fee
(per page)
|
---|
|
1 to 10
|
$0.75
|
|
11 to 20
|
$0.50
|
|
All over 20
|
$0.25
|
B. Large-sized paper documents and maps.
|
Document
|
Fee
|
---|
|
Zoning Map
|
$5.00
|
|
Street Map
|
$3.00
|
|
Drug-Free School Zone Map
|
Actual cost of reproducing
|
|
Site plan
|
Actual cost of reproducing
|
|
Subdivision plat
|
Actual cost of reproducing
|
|
Tax Maps
|
Actual cost of reproducing
|
|
Engineering plans
|
Actual cost of reproducing
|
|
Duplicate tax bill
|
$5.00
|
|
Subsequent duplicate tax bill
|
$10.00
|
|
Photocopy of tax printout
|
$5.00
|
|
Certified copy of marriage birth or death certificate
|
$5.00
|
|
Studies, manuals, reports which must be duplicated
by an outside vendor:
|
Actual cost of reproducing
|
C. Preprinted documents.
|
Document
|
Fee
|
---|
|
Land use pamphlet
|
$30.00
|
|
Master Plan and amendments
|
$30.00
|
D. Police records.
(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) Typed statements: $15 for the first two pages and
$5 for each additional page.
(4) Photographs: actual cost of reproducing.
(5) Fingerprints: Each individual set of fingerprints
consisting of one to three cards taken for the benefit of other than
law enforcement or governmental agencies: $10 per set.
E. Electronic records.
(1) Copy of videotape: actual cost to reproduce.
(2) Copy of audiotape: actual cost to reproduce.
(3) Copy of electronic document or database. The following fees cover the cost of copying existing files to a floppy disk or compact disc. Any requests for software conversions shall be subject to the special service charge described in Subsection
F below. For security reasons, the use of a floppy disk or compact disc provided by the requestor is prohibited.
(a)
Floppy disks: $5 plus cost of disk.
(b)
Compact discs: $5 plus cost of compact disc.
(4) Imposition of service charge; electronic files. A
service charge in the amount of $20 per request or a six-hundred-dollar
annual fee paid in advance shall be imposed for any electronic file
requested. The Borough Council authorizes the appropriate municipal
officer to collect such fee and deposit it in the Borough treasury.
This fee does not apply to mortgage companies and mortgage servicing
companies in connection with the direct billing and payment of real
estate taxes.
[Added 9-13-2004 by Ord. No. 18-0-04]
F. 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.
G. 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: $1
per page.
(2) Conversion of electronic files from one software product
to another $1 per page.
H. Applicable postage shall be added for any and all
records requested by mail.
I. A deposit shall be paid prior to filling any 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