[HISTORY: Adopted by the City Council of the City of Long Branch 3-13-1984
by Ord. No. 1156 (Ch. XXVIII of the 1971 Code). Amendments
noted where applicable.]
The City Council of the City of Long Branch makes the following findings
and determinations:
A.
The topographic maps of the City of Long Branch prepared
by Topographic Data Consultants, Inc., constitute valuable and irreplaceable
property of the City of Long Branch.
B.
These maps constitute a valuable and irreplaceable record
of the physical condition of the surface of the land in the city at the time
of the flight photograph.
C.
Careful supervision of the use and custody of the foregoing
is necessary to prevent the loss 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 city has, in the office of the Planning Department,
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 to any unreasonable risk or loss, damage, deterioration or destruction.
F.
The cost of the preparation of the topographical maps
has been paid out of municipal funds, 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 and, 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 being based on an acreage basis.
The Director of Planning shall be and is hereby charged with the custody,
safekeeping, care, control and use of the herein above specified maps, with
an additional duplicate to be on file with the City Engineer. The original
map shall be kept on file in the Tax Collector's safe.
The following regulations are established to govern the storage and
use of said maps and shall be enforced by the Planning Department and the
City Engineer:
A.
The maps shall be kept in locked fireproof files.
B.
No one shall take any map out of the office of the Planning
Department or City 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 Director
of Planning or his designee may expose to view in the office of the Planning
Department any single sheet of the aforesaid maps without releasing or surrendering
physical possession of the same without charge or other fee.
E.
Contents of receipt.
(1)
During normal business hours, on written request and
on receipt of proof that the proper fees herein established have been paid
to the City Finance Director, the Planning Director or his 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 therefore which shall contain over the recipient's
signature the following statement:
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"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 City of Long Branch, in the County of Monmouth, agrees that he will
not produce, sell, assign or transfer copies thereof, that he will not sell,
transfer or assign the above specified reproducible copy and that he 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 ten years except that he 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 owns and has contracted to
sell to such person(s)."
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(2)
In addition, the Planning Director shall require that
each print or sepia delivered as aforesaid shall bear the recipient's
signature under the following statement:
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"The undersigned, for and in consideration of the receipt of this copy
of a topographic map of a part of the City of Long Branch 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 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 owns and has contracted to sell to such person(s)."
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(3)
In addition, each print or sepia delivered as aforesaid
shall bear or be clearly stamped with the following:
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"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 City of Long Branch Municipal Court, subject the individual to the
penalties established by law, except that he 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 owns and has contracted to sell to such
person(s)."
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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 or permit, suffer or allow
the sale, assignment or transfer of such reproduction of 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.
All applications for copies of the aforesaid maps shall be made to the
Director of Planning on application forms to be prepared by him agreeably
to the terms of this chapter.
A.
All fees herein established shall, after computation
by the City Planning Director or his designee, be paid to the office of the
City Finance Director, and the office of the Finance Director is authorized
to accept and deposit the same and to issue receipts therefore on such forms
as shall be acceptable for presentation to the Planning Director 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 Planning Director or his designee, in accordance
with the schedule or 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 Planning Director or his 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 herein below 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:
It is in the public interest and permissible to lend, without charge,
copies of the maps to agencies of the federal, state county or other municipal
governments whenever there will be a direct benefit to the City of Long Branch.
The Planning Director, upon receipt of a request from such an agency or entity,
may loan a paper copy of said map at no charge.
A.
The City of Long Branch does not certify the accuracy
of the topographical mapping prepared from the aerial photographs taken and
does not ensure the accuracy of the same nor the acceptance of the same by
the city or any of its authorities or agencies.
B.
In addition to a duly executed application form, the
Planning Director shall require each applicant to execute a statement indicating
his acknowledgment 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."
