[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood 3-24-1992 by Ord. No. 8-92 (Ch. 84A of the 1977
Township Code); amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. I). Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Fees — See Ch. 135.
A.
In accordance with the provisions of N.J.S.A. 47:1A-1 et seq. ("the
Act"), government records shall be readily accessible for inspection,
copying or examination by the citizens of this state, with certain
exceptions, for the protection of the public interest, and any limitations
in the right of access accorded by the Act, as amended and supplemented,
shall be construed in favor of the public's right of access.
A "government record" or "record" shall be as defined within N.J.S.A.
47:1A-1.1.
B.
In accordance with N.J.S.A. 47:1A-1.1, the "custodian of a government
record" or "custodian" shall mean the Municipal Clerk. The Municipal
Clerk may delegate responsibility for handling records requests for
particular departments within the Township to deputy custodians.
C.
The custodian of a government record shall permit the record to be
inspected, examined and copied by any person during regular business
hours unless a government record is exempt from public access by the
Act, as amended and supplemented, any other statute, resolution of
either or both houses of the Legislature, regulation promulgated under
the authority of any statute or executive order of the Governor, executive
order of the Governor, Rules of Court, any federal law, federal regulation,
or federal order. A request for a record must be made on a form adopted
by the custodian of the government record.
D.
Unless a shorter time period is otherwise provided by statute, regulation
or executive order, a custodian of a government record shall grant
access to a government record or deny a request for access to a government
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.
E.
During such regular business hours and under the supervision of a
representative of the custodian, every citizen of the state shall
also have the right to copy such records by hand and to purchase copies
of the records. Copies of records shall be made available upon the
payment of the price established by N.J.S.A. 47:1A-5. The custodian
may require a deposit against costs for reproducing documents sought
whenever the custodian anticipates that the information that is requested
will cost in excess of $5 to reproduce. The actual cost of duplicating
the record upon which all copy fees are based shall be the cost of
materials and supplies used to make a copy of the record but shall
not include the cost of labor or other overhead expenses associated
with making the copy, except as provided for in N.J.S.A. 47:1A-5(c).
Access to electronic records and nonprinted materials shall be provided
free of charge, but the Township may charge for the actual costs of
any needed supplies, such as computer disks.
A.
Whenever the nature, format, manner of collation or volume of a government
record embodied in the form of printed matter to be inspected, examined
or copied is such that the record cannot be reproduced by the Township
by ordinary document-copying equipment in ordinary business size or
involves an extraordinary expenditure of time and effort by the Township
to accommodate the request, the Township may charge, in addition to
the actual cost of duplicating the record, a special service charge
that shall be reasonable and based upon the actual direct cost of
providing the copy or copies. The requestor shall have the opportunity
to review and object to the charge prior to it being incurred.
B.
In the event an extraordinary expenditure of time and effort is needed
by the Township to accommodate a request to inspect, in addition to
any fees for actual duplication and copying incurred by the requestor
under this chapter, the Township shall assess a special service charge
based upon the cost incurred for such extensive use of information
technology resources and/or the labor cost of the personnel providing
the service that is actually incurred or attributable to the Township
for the clerical and supervisory assistance required, or both. The
manner by which such special inspection service fee is calculated
shall be kept on file with the Township. The requestor shall have
the opportunity to review and object to the charge prior to it being
incurred.
C.
Specific fee amounts charged for copies of public records are set forth in Chapter 135, Fees. The following shall incur fees for copies of government records which do not meet the specifications within § 204-2A:
(1)
Duplicate tax bills: for an initial duplicate copy of a tax bill
and for each subsequent copy of a tax bill for the same tax year requested
by the same person or organization.
(4)
Copies of the Land Development Ordinance and Zoning Ordinance: a
flat fee or the cost to the Township for purchasing copies of the
ordinance from the Code publisher, whichever is greater.
(6)
Flood certification letter.
(7)
Ordinance Book.
(8)
Police reports: For accident reports not requested in person and
not part of Municipal Court discovery, a fee shall be charged to cover
the administrative costs of the report pursuant to N.J.S.A. 39:4-131.
(9)
Certified copy of disposition of Municipal Court case.
(10)
Fingerprints.
(11)
Township Master Plan.
(12)
Duplicate tax sale certificate.
(14)
Natural Resource Inventory.
(15)
Certificate for redemption at tax sale.
(16)
Copies of audiocassette, computer diskette or computer compact
disk.
(17)
A fee shall be payable to the Registrar of Vital Statistics
in the Township of Eagleswood for the issuance of each certified copy
of a birth certificate, death certificate, marriage certificate, civil
union or domestic partnership certificate. At such time as said fee
is payable, the Registrar shall also collect any fee mandated to be
collected by the State of New Jersey for any such license or certificate.
The Registrar shall be entitled to and collect a search fee for each
such certificate of birth, death, marriage, civil union or domestic
partnership requested. There shall be no refund of fees paid for any
services performed by the Registrar.
