[1976 Code § 52-1; Ord. No. 4-79]
The Township Committee makes the following findings and determinations:
a.
The topographic maps of the Township prepared by Midlantic Aerial
Surveyors, Inc., constitute valuable and irreplaceable property of
the Township.
b.
These maps constitute a valuable and irreplaceable record of the
physical condition of the surface of the land in the Township at the
time of the flight photograph.
c.
Careful supervision of the use and custody of the foregoing is necessary
to prevent the loss of or damage to the foregoing maps which have
been prepared in reproducible form on Mylar.
d.
The use of these maps to make copies by tracing on tracing paper
and the unsupervised handling of these maps will accelerate the physical
deterioration of the same and will expose the same to an unreasonable
risk of damage, deterioration and destruction.
e.
The Township has, in the office of the Township Engineer, facilities
to make prompt accurate copies, prints and sepias of these maps by
reproduction methods which, if done by supervised personnel, will
not expose these maps at any unreasonable risk of loss, damage, deterioration
or destruction.
f.
The cost of the preparation of the topographical maps has been paid
out of general taxation, and the cost of supervision of the care and
custody of the same and the cost of making prints and reproducible
copies such as sepias thereof will be paid out of general taxation.
Accordingly it is right and proper that fees for such prints and copies
shall be established to recover these past and future costs, in advance,
with the value of the information and data that such copies have been
based on an acreage basis.
[1976 Code § 52-2; Ord. No. 4-79]
The Township Engineer is hereby charged with the custody, safekeeping,
care, control and use of the hereinabove-specified maps.
[1976 Code § 52-3; Ord. No. 4-79]
The following regulations are established to govern the storage
and use of the maps and shall be enforced by the Township Engineer:
a.
The maps shall be kept in locked fireproof files.
b.
No one shall take any map out of the office of the Township Engineer.
c.
No one shall make any tracing or other hand copy by tracing methods
of any such map.
d.
During normal office hours, on request, the Township Engineer or
his/her designee may expose to view in the office of the Township
Engineer any single sheet of the aforesaid maps without releasing
or surrendering physical possession of the same without charge or
other fee.
e.
During normal business hours, on written request and on receipt of
proof that the proper fees, herein established, have been paid to
the Chief Financial Officer, the Township Engineer or his/her designee
shall reproduce and deliver the requested copies (which may be either
prints or reproducible copies such as sepias) of any of the foregoing
maps and demand and receive a receipt therefor which shall contain
over the recipient's signature the following statement: "The undersigned,
for and in consideration of the above-specified reproducible copies
of topographic maps, at a scale of one inch equals 100 feet, property
of the Township of Holmdel, in the County of Monmouth, agrees that
he/she will not produce, sell, assign or transfer copies thereof,
that he/she will not sell, transfer or assign the above-specified
reproducible copy and that he/she will not permit, suffer or allow
the sale, assignment or transfer of the above-specified reproducible
copy nor the sale, assignment or transfer of copies thereof during
the next 10 years, except that he/she may transfer or assign to a
subsequent purchaser a copy of any portion of a map which he has purchased
or legally received, which depicts property he/she owns and has contracted
to sell to such person(s)."
1.
In addition the Township Engineer shall require that each print or
sepia delivered as aforesaid shall bear the recipient's signature
under the following statement: "The undersigned, for and in consideration
of the receipt of this copy of a topographic map of a part of the
Township of Holmdel agrees that the undersigned will not sell, assign
or transfer this copy, will not sell, assign or transfer a reproduction
of this copy and will not suffer, allow or permit the sale, assignment
or transfer thereof of any copy or reproduction thereof, except that
he/she may transfer or assign to a subsequent purchaser a copy of
any portion of a map which he/she has purchased or legally received,
which depicts property he/she owns and has contracted to sell to such
person(s)."
2.
In addition, each print or sepia delivered as aforesaid shall bear
or be clearly stamped with the following: "The sale, assignment or
transfer of this map or of any portion of this map and the sale, assignment
or transfer of any copy or reproduction of any portions of this map
is prohibited; and any such action will, upon conviction in the Holmdel
Township Municipal Court, subject the individual to the penalties
established by law, except that he/she may transfer or assign to a
subsequent purchaser a copy of any portion of a map which he/she has
purchased or legally received, which depicts property he/she owns
and has contracted to sell to such person(s)."
[1976 Code § 52-4; Ord. No. 4-79]
No person who obtains a print or sepia or other form of reproducible
copy of any sheet or portion of a sheet of the aforesaid topographic
map, to a scale of one inch equals 100 feet, shall sell, assign or
transfer or permit, suffer or allow the sale, assignment or transfer
of such reproduction or copy thereof or the sale, assignment or transfer
of any portion thereof or the sale, assignment or transfer of any
reproduction or copy of a portion thereof.
[1976 Code § 52-5; Ord. No. 4-79]
All applications for copies of the aforesaid maps shall be made
to the Township Engineer, on application forms to be prepared by the
Township Engineer, agreeable to the terms of this section.
[1976 Code § 52-6; Ord. No. 4-79]
a.
All fees herein established shall, after computation by the Township
Engineer or his/her designee, be paid to the office of the Chief Financial
Officer and the office of the Chief Financial Officer is authorized
to accept and deposit the same and to issue receipts therefor on such
forms as shall be acceptable for presentation to the Township Engineer
prior to the delivery of the requested prints or copies of such maps
or of any portion thereof.
b.
The following fees are established for prints, sepias or other similar
reproducible copies of the aforesaid topographic maps; and such fees,
computed by the Township Engineer or his/her designee in accordance
with the schedule of rates below, shall be charged, paid and collected
before delivery of any such copy. When the fee schedule bases the
rate on the acreage, the acreage shall be determined by the Township
Engineer or his/her designee and noted on the application form and
on the print or sepia. The acreage shall be rounded to the nearest
whole acre. When the determination of the fee involves the application
of more than one rate per acre, the rates per acre shall be applied
in the order hereinbelow set forth. When successive applications are
made by the same applicant, each application shall be treated as a
new application for the purpose of computing the fee. All fees shall
be computed in accordance with the following schedule of rates:
c.
Schedule of Rates. Topographic maps to a scale of one inch equals
100 feet with a contour interval of 2.0 feet meeting National Map
Standards.
[1976 Code § 52-7; Ord. No. 4-79]
It is in the public interest and permissible to lend, without
charge, copies of the maps to agencies of the Federal, State or County
governments whenever there will be a direct benefit to the Township
of Holmdel. The following procedures shall govern the free loan of
the maps to other public agencies:
a.
A written application shall be made on a form to be prepared by the
Township Engineer. The application shall be filed with the Township
Engineer, who shall forward the same to the Township Committee, together
with his/her recommendations with respect thereto.
b.
The Township Committee shall review each application and the recommendation
of the Township Engineer and will, by resolution, authorize the Township
Engineer to issue the requested maps.
[1976 Code § 52-6; Ord. No. 4-79]
a.
The Township does not certify the accuracy of the topographical mapping
prepared from the aerial photographs taken and does not ensure the
accuracy of same nor the acceptance of same by the Township or any
of its authorities or agencies.
b.
In addition to a duly executed application form, the Township Engineer
shall require each applicant to execute a statement indicating his/her
acknowledgement of the necessity of a field check to determine the
accuracy of the mapping.
c.
In addition, each print or sepia delivered as aforesaid shall bear
or be clearly stamped with the following: "accuracy of this map subject
to field check by recipient."
