[Adopted 8-12-1982 by Ord. No. 31-82 (Ch. 62, Art. I, of the 1981 Code); amended in its entirety 12-10-2009 by Ord. No. 2009-35]
New Jersey has adopted the Open Public Records Law which has as its general purpose making government records more available to the public than they have been in the past. In certain instances, the production of archived or records in a format which is not the usual format maintained by the municipality or other special circumstances would be costly and time consuming. The New Jersey Public Records Law permits the municipality to require the payment of fees, special service charges and/or special charges as a prerequisite to the production of records requiring extraordinary time and effort, special equipment or special formatting. The Township shall be entitled to charge and collect fees for the reproduction of any public records at the rates and fees established in the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., as amended.
Any person seeking the reproduction of public records, documents or other information as contemplated by this article shall submit his or her request, in writing, on a form prescribed by the Municipal Clerk as amended from time to time. All requests will be handled in accordance with N.J.S.A. 47:1A-1 et seq.
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.
A. 
Standard-sized paper documents; electronic records and nonprinted materials.
[Amended 1-6-2011 by Ord. No. 2010-33]
(1) 
Fees for copies of public records for standard-sized paper documents, for printed matter shall be:
(a) 
Letter-size page or smaller: $0.05 per page.
(b) 
Legal-size page or larger: $0.07 per page.
(2) 
Access to electronic records and nonprinted materials shall be free of charge except for the actual cost for any needed supplies such as computer discs.
B. 
Non-standard-sized paper documents:
Size of Paper
(inches)
Cost
(per page)
11 x 17
$1
18 x 24
$3
24 x 36
$4
30 x 42
$5
Larger than 30 x 42
$6
C. 
Code for the Township of Marlboro: actual cost.
D. 
Land use and development.
(1) 
Land Use and Development Regulations for the Township of Marlboro: $90.
(2) 
Quarterly updates: $20.
E. 
Township Road Map.
Size of Sheets
(inches)
Cost
18 x 27
$3.00
24 x 36
$4.00
36 x 48 or larger
$6.00
F. 
Zoning Map: $10.
[Amended 2-18-2010 by Ord. No. 2010-3]
G. 
Master Plan.
(1) 
Master Plan element: $50.
(2) 
Master Plan element amendment: $50.
H. 
Tax Map.
(1) 
Sheets of 24 inches by 36 inches.
Number of Sheets
Cost
1
$4
5
$18
10
$35
25
$85
50
$170
100
$200
1 set
Actual cost as determined by vendor
(2) 
Sheets of 11 inches by 17 inches.
Number of Sheets
Cost
1
$1
5
$5
10
$10
25
$20
50
$45
100
$75
1 set
Actual cost as determined by vendor
I. 
Copying existing files on floppy disk or CD to floppy disk or CD.
Floppy disks
$0.50 each plus any applicable special service charge
CD
$0.50 each plus any applicable special service charge
For security reasons, the use of a floppy disk or CD provided by the requestor is prohibited.
J. 
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. When the actual rate for duplication of a record exceeds the rates set forth above, the rate for duplication shall be the amount established by Marlboro Township ordinance. The requestor shall have the opportunity to review and object to the special service charge prior to it being incurred. Charges may be imposed as follows:
(1) 
The actual cost of duplication or reproduction; plus
(2) 
A special service charge of $32 per hour or the actual direct cost of labor (if less) shall be imposed for each hour of extraordinary time predicted to be utilized to respond to the request.
K. 
If a request is for a record in a medium not routinely used by the Township, not routinely developed or maintained by the Township or requires a substantial amount of manipulation or programming of information technology, a special charge, in addition to the actual costs of duplication, shall be assessed 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 or attributable to the Township for the programming, clerical and supervisory assistance required, or both.
L. 
Applicable postage shall be added for any and all records requested by mail.
M. 
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.
[Amended 6-7-2012 by Ord. No. 2012-17]
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. In addition to applicable fees set forth in § 62-3, the following specific fees shall apply to requests for public records from the Municipal Prosecutor as part of the discovery process:
A. 
There will be a fee of $5 for the first 10 pages of discovery provided. There will be an additional charge of $1 per page for each additional page of discovery provided in excess of the first 10 pages. These fees apply regardless of the method of delivery and receipt of the discovery provided (i.e., mail, electronic mail or in person).
B. 
Photocopies of photographs: at the rates set forth above for pages. Photograph negatives for developing into another medium will be charged a fee for the actual costs of reproduction plus a ten-dollar administrative and handling fee.
C. 
Duplication of any CD or DVD: $30 per CD or DVD. CD(s) or DVD(s) will be sent by certified mail, return receipt requested, at no additional charge.
D. 
Any Alcotest (breath test for a driving-while-intoxicated violation) download: $30 per CD.
E. 
For any item that cannot be photocopied on the Township copy machine or is not otherwise provided for herein: actual cost plus a ten-dollar administrative and handling fee.
F. 
Where discovery must be obtained from an entity other than the Township of Marlboro: actual cost paid to the other entity plus a ten-dollar administrative and handling fee.
G. 
Discovery materials will only be released when payment in full for same has been received.
H. 
Reasonableness of cost. Upon motion of any party, the court may consider the reasonableness of the cost of discovery ordered by the court to be disseminated to the parties. If the court finds that the cost charged for discovery is unreasonable, the court may order the cost reduced or make such other order as is appropriate.