[1974 Code § 2-116; Ord. No. 83-30; Ord. No. 93-9; Ord. No. 94-05; Ord. No.
99-2; New; Ord. No. 99-17-OAB § 1; Ord. No. 99-20-OAB § 1; Ord. No. 99-33-OAB § 2; Ord. No. 02-22-OAB § 1; Ord. No. 03-29-OAB § 1; Ord. No. 05-07-OAB § 1; Ord. No. 10-32-OAB]
a. Right to Inspect; Custodian of Government Record; Copies; Exceptions.
1. 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.
2. In accordance with N.J.S.A. 47:1A-1.1, the "custodian of a government
record" or "custodian" shall mean the Township Clerk. The Township
Clerk may delegate responsibility for handling records requests for
particular departments within the Township to deputy custodians.
3. The custodian of 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.
4. Unless a shorter time period is otherwise provided by statute, regulation,
or executive order, the 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.
5. 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 as established by law. The custodian may require
a deposit against costs for reproducing documents sought whenever
the custodian anticipates that the information thus requested will
cost in excess of $5 to reproduce.
b. Forms. The Township Clerk, as custodian of records shall adopt a
form for the use of any person who requests access to a government
record held or controlled by the Township of Berkeley.
c. Requests for Records. All requests for access to government records
shall be in writing and hand-delivered, mailed, transmitted electronically,
or otherwise conveyed to the Township Clerk for review and determination.
d. Viewing of Government Records; Removal Prohibited.
1. Upon the approval of a request to view, inspect, examine or copy
a record, the record and the requestor shall remain in the presence
of the Township 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.
2. In the event that the nature of a request to view records requires
that the Clerk or other Township employee observe or monitor such
viewing for a period of time exceeding one hour, the requestor shall
be responsible for reimbursing the Township for time spent by the
Clerk or other employee.
e. Fees for Copies. The following fees shall be charged for copies of
public documents and records:
1. $0.05 per letter size page (8 1/2 x 11) or smaller;
2. $0.07 per legal size page (8 1/2 x 14) or larger.
3. If the actual costs for duplication of a government record exceed the foregoing rates, the Township shall charge the actual cost of duplicating the record. 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. Access to electronic records and nonprinted materials shall be provided free of charge, but the public agency may charge for the actual costs of any needed supplies such as computer discs. A special service charge may be imposed if the printed matter cannot be copied by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, the Township shall charge a special service charge that is reasonable and based upon the actual direct cost of making the copies. Such charges may be in excess of those referenced in Subsections
1 and
2 above. The individual requesting the copies shall have the right to review the charges in advance with the Township Clerk.
4. Map and plan reproduction charges:
(a)
Tax Map Sheets, per page: $5, plus postage.
(b)
Complete set of Tax Maps, 153 sheets with soft cover: $200,
plus postage.
(c)
Complete set of Tax Maps, 153 sheets with hard cover: $275,
plus postage.
(d)
Zoning Map, per page: $7, plus postage.
(e)
Street Maps: $4, plus postage.
(f)
Township Master Plan: $50.
(g)
Construction plans, site plans, and other documents prepared
by outside professionals for submission to the Planning Board or Zoning
Board of Adjustment are available for review in Township offices,
but copies will not be provided since these documents are the property
of the applicant. Copies may be requested directly from the professional
who prepared the documents.
5. Fees to be charged for the Code of the Township of Berkeley shall
be as follows:
(a)
General and Permanent Ordinances of the Code.
Volume I: $145.
Volume II: $130.
(b)
Land Use Book with ring vinyl binder: $110.
(c)
Land Use Book with vellum cover and acco fastener: $90.
(d)
Code supplements: $40 per supplement per volume (prepared twice
annually).
6. Municipal search for municipal improvements, pursuant to N.J.S.A.
54:5-3: $10.
7. Continuation for municipal improvement search: $2.
f. Special Service Charges. 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 ordinary document copying equipment in the ordinary
business size or involves an extraordinary expenditure of time and
effort to accommodate the request, the custodian of record may charge,
in addition to the actual cost of duplicating the record, a special
service charge.
1. The hourly rate for special service charges is fixed at $20 to be
assessed in ten-minute increments.
2. A deposit may be required if the estimated cost of reproduction and/or
special service charges is estimated to exceed $20.
3. The custodian shall permit access to a government record and provide
a copy thereof in the medium requested if the Township of Berkeley
maintains the record in that medium. If the Township does not maintain
the record in the medium requested, the custodian shall either convert
the record to the medium requested or provide a copy in some other
meaningful medium. If a request is for a record:
(a)
In a medium not routinely used by the Township;
(b)
Not routinely developed or maintained by the Township; or
(c)
Requiring a substantial amount of manipulation or programming
of information technology, the Township may charge, in addition to
the actual cost of duplication, a special charge that shall be reasonable
and shall be based on the cost of any extensive use of information
technology, or for the labor cost of personnel providing the service,
that is actually incurred by the Township or attributable to the Township
for programming, clerical, and supervisory assistance required, or
both.
[Ord. No. 03-29-OAB § 1; Ord. No. 03-46-OAB § 1; Ord.
04-19-OAB § 1]
a. Marriage License: $28, including the fee for the State.
b. Certificate of Domestic Partnership: $28, including the fee for the
State.
c. Search and Copies of Vital Records. There shall be a fee of $5 for
the search and one certified copy of a vital record, birth, death,
fetal death, marriage certificate and certificate of domestic partnership.
[Ord. No. 03-29-OAB § 1;
amended 4-17-2023 by Ord. No. 23-13-OAB]
a. Extra tax bills: $5 for the first duplicate; $25 for each subsequent
copy of the same tax bill in the same tax year.
c. Issuance of duplicate certificate in the event of destruction or
loss of tax title certificate, pursuant to N.J.S.A. 54:5-52.1: $100.
Issuance of such duplicate certificate is conditioned upon a duly
authorized resolution of the Township Council.
d. The Tax Collector shall provide to any party entitled to redeem a
certificate pursuant to N.J.S.A. 54:5-54 two calculations of the amount
required for redemption within a calendar year at no cost. Subsequent
calculations shall be at a cost of $50 for each subsequent calculation
requested of the Tax Collector. A request for a redemption calculation
shall be made in writing to the Tax Collector.
[Ord. No. 03-29-OAB § 1; Ord. No. 12-32-OAB, Ord.
No. 13-03-OAB]
a. The fee for motor vehicle accident reports, statements and investigation
reports shall be in accordance with the fee schedule for public documents,
when the person requesting the same appears in person or with a self-addressed,
stamped envelope.
b. The fee for motor vehicle accident reports, statements and investigation
reports where a request is made via the mail, without a self-addressed,
stamped envelope, shall be in accordance with the fee schedule, except
that there shall be a service charge of $2.
c. The service charge for motor vehicle accident reports, statements
and investigation reports where files are closed shall be $7.50.
d. Photographs, Tapes and Video-Tapes. The reproduction of photographs,
tapes and video-tapes shall be formatted onto a compact disk, which
shall be $1 per disk. Should the actual cost of reproduction exceed
$1, the actual cost shall be charged, pursuant to N.J.S.A. 47:1A-1
et seq.
e. Gun Permits.
1. New Firearms Purchaser ID Card and/or Permit to Purchase a Handgun.
(a)
Fingerprints are required for applicants who have never had
a firearm permit or ID card in the State of New Jersey. A fee of $57.50,
payable by credit card, check, or money order to the appropriate vendor,
currently Morpho Trak. The form for this service is only available
through Police Records where a control number will be assigned.
(b)
Purchaser identification card: $5 payable to the Township of
Berkeley.
(c)
Permit to purchase a handgun: $2 payable to the Township of
Berkeley.
2. Duplicate Firearms Purchaser ID Card and Permit to Purchase a Handgun
Application.
(a)
All requests for a duplicate firearm ID card, change of address,
replacement of lost card and permits to purchase a handgun require
a money order for $18 payable to DIVISION OF STATE POLICE - SBI.
(b)
Permit to purchase a handgun: $2 payable to the Township of
Berkeley.
[1974 Code § 69-4; Ord. No. 83-46; Ord. No. 03-29-OAB § 1; Ord. No. 09-04 § 1; Ord. No. 10-01-OAB]
a. There shall be imposed a surcharge in the amount of $20 on the amount
of any fee or other charge to be paid by an applicant for any permit,
license or other authorization to be issued by the Township where
a check or other draft has been submitted to the Township in connection
with an application for such permit, license or other authorization
and that check or draft has been returned for insufficient funds.
b. Whenever the account owing to the Township is for a tax or special
assessment, the service charge shall be included in whatever list
of delinquent accounts is prepared for the enforcement of the lien.
c. Any service charge owing shall be collected in the manner prescribed
by law for collection on the account for which the check or other
written instrument was tendered. All future payments made to the Township
are to be tendered in cash or by certified or cashier's check.
d. It is hereby found and determined that the amount of such surcharge
equals the approximate amount of the Township's administrative and
other related costs where any such check or other draft is returned
for insufficient funds.