[HISTORY: Adopted by the Township Committee of the Township of Elk 11-4-2010 by Ord. No. O-2010-45. Amendments noted where applicable.]
Land development fees — See Ch. 70.
As used in this article, the following terms shall have the meanings indicated:
- ACCESS FORM
- The form which shall be adopted by the Custodian of Government Records for use by any person who requests access to government records.
- CUSTODIAN OF GOVERNMENT RECORDS or CUSTODIAN
- The Township Clerk.
- GOVERNMENT RECORD(S) OR RECORD(S)
- Any information subject to public inspection which is maintained by the Township in written, audio, video, electronic or other form.
- Any person who requests access to a government record pursuant to this article or the state law on Examination and Copies of Public Records, N.J.S.A. 47:1A-1 et seq.
- SPECIAL SERVICE CHARGE
- A charge, in addition to the actual cost of duplicating the government record(s), which shall reflect the expense associated with extensive use of Township information, technology or resources, or the extensive clerical or supervisory assistance by Township personnel necessary to provide access, inspection or duplication of the record(s).
The Custodian of Government Records shall adopt an access form for use by a requestor and shall make recommendations to the Township Committee regarding the appropriate fees to be charged for access to and copies of government records. The access form shall contain all information required by N.J.S.A. 47:1A-5f.
The fees for copies of government records shall be:
Cassette tape: $2.
Video tape: $4.
Information on diskette or CD: $2 per diskette or CD.
Computer-generated picture (black-and-white or color): $3 per sheet.
Copy of computer screen: $0.05 per screen.
Photographic reproduction: $3 per sheet.
Municipal lien search (N.J.S.A. 54:5-11 et seq.): $10.
List of property owners within 200 feet (N.J.S.A. 40:55D-12): The greater of $0.25 per name or $10.
Municipal tax search (N.J.S.A. 54:5-3 et seq.): $10.
Tax sale mailing in lieu of publication (N.J.S.A. 54:5-26): $25 per mailing.
Duplicate tax sale or certificate of redemption: $100.
Municipal Court discovery:
All requests for discovery in matters pending in the Township of Elk Municipal Court shall be submitted through the Municipal Prosecutor.
The following fees shall be payable by the requestor to the Township of Elk for the discovery provided:
For each letter-size page photocopied (8 1/2 inches by 11 inches): $0.05 per page.
For each legal-size page photocopied (8 1/2 inches by 14 inches): $0.07 per page.
Actual postage for any discovery sent by mail.
Photographs will be photocopied at the rates established herein. If requests are made for duplicate photographs, the actual cost of making the photographs shall be charged.
Duplication of videotapes constitutes an extraordinary duplication process and will be charged at the rate of $4 per videotape.
Certified disposition: $5.
For any item that cannot be photocopied on the Township copy machine or not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.
Where the discovery must be obtained from an entity other than the Township of Elk, e.g., another police department, the actual costs paid to the other entity shall be paid by the requestor.
Police accident reports (N.J.S.A. 39:4-131) other than in person: $5 for the first three pages; $1 for each additional page.
Postage and deposits:
Postage costs will be added to all requests for public records required to be mailed and will be determined at time of request.
Deposits. The requestor will be charged a 50% deposit when a request for copies exceeds $25. The custodian will contact the requestor and advise the requestor of any deposit requirements. Anonymous requests, when permitted, require a deposit of 100% of estimated fees. The requestor shall pay the balance due upon delivery of the records.
Nonsufficient fund returned check: $20.
All government records shall be subject to the provisions of this article unless otherwise provided by law or regulation. Any officer or employee of the Township who receives a request for access to a government record shall forward the request or direct the requestor to the Custodian of Government Records.
The access form to be adopted by the Custodian of Government Records shall elicit the name, address and phone number of the requestor and a brief description of the government record(s) requested.
A request for access to a government record shall be in writing and hand-delivered, mailed, transmitted electronically or otherwise conveyed to the Custodian. The Custodian shall promptly comply with a request to inspect, examine, copy or provide a copy of a government record. If the Custodian is unable to comply with a request for access, the Custodian shall indicate the specific basis therefore on the access form and promptly return it to the requestor. The Custodian shall sign and date the access form and provide the requestor with a copy thereof. If the Custodian of a government record asserts that part of a particular record is exempt from public access pursuant to N.J.S.A. 47:1A-1 et seq., as amended and supplemented, the Custodian shall delete or excise from a copy of the record that portion which the Custodian asserts is exempt from access and shall promptly permit access to the remainder of the record. If the government record requested is temporarily unavailable because it is in use or in storage, the Custodian shall so advise the requestor and shall make arrangements to promptly make available a copy of the record. If a request for access to a government record would substantially disrupt Township operations, the Custodian 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 Township.
[Amended 6-16-2015 by Ord. No. O-6-2015]
The following fees will be charged for certified birth, marriage, civil union, death or domestic partnership certificates:
Certified copy: $10 per copy.
Should any section, clause, sentence, phrase or provision of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this chapter.
All prior ordinances or parts of ordinances inconsistent with this chapter be and the same are hereby repealed to the extent of such inconsistencies.