[Adopted 4-25-2005 by Ord. No. 05-12]
The purpose of this article is to establish a procedure for implementation of the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.) and provides for a schedule of charges to inspect and to reproduce government records by the public.
As used in this article, the following terms shall have the meanings indicated:
ACTUAL COST
The actual cost of duplicating the government record in terms of cost of materials and supplies used to make a duplicate.
[Added 6-28-2010 by Ord. No. 10-18; amended 9-13-2010 by Ord. No. 10-22]
PUBLIC RECORDS
Generally includes those records determined to be public in accordance with N.J.S.A. 47:1A-1. The term does not include employee personnel files, police investigation records, public assistance files or other matters in which there is a right of privacy or confidentiality or which is specifically exempted by law.
[Amended 6-28-2010 by Ord. No. 10-18; 9-13-2010 by Ord. No. 10-22]
SPECIAL SERVICE CHARGE
A charge, in addition to the actual cost of duplicating the government record(s), which shall reflect the expense associated with the extensive use of Borough information technology or resources, or the extensive clerical or supervisory assistance by Borough personnel necessary to provide access to the record(s), pursuant to the provisions of the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.).
[Amended 6-28-2010 by Ord. No. 10-18; 9-13-2010 by Ord. No. 10-22]
The Borough's policy and procedures under the Open Public Records Act (N.J.S.A. 47:1A-1 et. seq.) shall be established and implemented by Council by resolution.
[Amended 6-28-2010 by Ord. No. 10-18; 9-13-2010 by Ord. No. 10-22]
Fees shall be charged as indicated for copies of the following records and documents:
A. 
Large-sized documents and maps.
(1) 
Zoning Map, 17 inches by 21 inches: $0.07 per copy or cost to the Borough.
(2) 
Borough Map, two feet by three feet: $0.07 per copy or cost to the Borough.
(3) 
Tax Maps, two feet by three feet: $0.07 per copy or cost to the Borough.
(4) 
Tax Maps, 11 inches by 17 inches: $0.07 per copy or cost to the Borough.
(5) 
Maps, other categories, two feet by three feet: $0.07 per copy or cost to the Borough.
(6) 
Maps larger than two feet by three feet: cost to Borough per square foot.
(7) 
Contour maps (as available): $0.07 each or cost to the Borough.
(8) 
Site plans: cost to the Borough.
(9) 
Subdivision plats: cost to the Borough.
(10) 
Engineering plans: cost to the Borough.
B. 
Tax records.
(1) 
Assessment search: $10.
(2) 
Assessment search continuation: $2.
(3) 
Tax search: $10.
(4) 
Continuation search, per calendar year: $2.
C. 
Municipal Court discovery, police reports, related documents, insurance requests, and photographs.
(1) 
All requests for discovery in matters pending in the Borough of Chatham Municipal Court shall be submitted through the Borough Prosecutor.
(2) 
The following fees shall be payable by the requestor to the Borough of Chatham for the discovery provided:
(a) 
Starting with the first page: $0.05 per page.
(b) 
Actual postage for any discovery sent by mail.
(c) 
For the envelope for any discovery sent by mail: $0.92 for manila envelope of at least 8 1/2 inches by 11 inches size or $0.62 for smaller size manila envelope.
(d) 
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.
(e) 
Duplication of VHS videotapes: $1 per VHS videotape.
(f) 
On any item that cannot be photocopied on the Borough copy machine or not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.
(g) 
Copies of Police Department DVDs or CDs: $0.56 per DVD or $0.38 per CD.
(h) 
Audio copies of police communication on CD: $0.38 per CD.
(i) 
Copies of police mobile DVDs: $0.56 per DVD.
(3) 
Where the discovery must be obtained from an entity other than the Borough of Chatham, e.g., another Police Department, the actual costs paid to the other entity shall be paid by the requestor.
D. 
General records.
(1) 
Unless otherwise specified by law, the fees for all records in printed form in standard size up to 8 1/2 inches by 11 inches in size which are available pursuant to law shall be as follows: $0.05 per page, starting with the first page. Unless otherwise specified by law, the fees for all records in printed form in standard size from 8 1/2 inches by 14 inches in size or larger which are available pursuant to law shall be as follows: $0.07 per page, starting with the first page.
(2) 
Certifications of any record: $0.50 each, in addition to cost of copies as set forth herein.
(3) 
Press proofs of ordinances (if available): $0.05 per page, starting with the first page.
(4) 
List of property owners: $0.25 per name or $10, whichever is more.
E. 
Brochures and preprinted documents not listed in any ordinance.
(1) 
Master Plan: $40.
(2) 
Environmental Resource Inventory: $25 each.
(3) 
Master Plan Reexamination Report: $10 each.
(4) 
Open Space and Recreation Plan (OSRP): $30 each.
(5) 
"Images of America — Chatham" by John Cunningham: $16.99.
(6) 
"Design Guidelines for Rehabilitation and New Construction in The Main Street Historic District" by the Chatham Borough Historic Preservation Commission: $5 each.
F. 
Code of the Borough of Chatham: cost to Borough.
G. 
Land Use Ordinance (Chapter 165 of the Code of the Borough of Chatham): cost to Borough.
H. 
Supplementation as prepared by General Code, LLC: cost to Borough.
The fee for mailing a tax sale notice in lieu of publication to the property owner by regular mail or by certified mail pursuant to N.J.S.A. 54:5-26 shall be $25 for each set of notices for a particular property.
A. 
Notwithstanding the provisions of this article, where it shall appear that the record or records which are sought to be examined and of which copies are requested is forbidden under the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.) or is otherwise expressly forbidden by statute, proclamation or regulation, or is otherwise exempt from the requirement that copies thereof be furnished upon request, the request for the same may be refused or denied.
B. 
The requestor may challenge the decision to refuse or to deny the request to examine and/or for copies to be made by either instituting a proceeding by filing an action in the Superior Court of New Jersey or in lieu of filing an action in Superior Court, filing a complaint with the Department of Community Affairs, Government Records Council, as provided by N.J.S.A. 47:1A-1 et seq.
[Amended 6-28-2010 by Ord. No. 10-18; 9-13-2010 by Ord. No. 10-22]
A. 
Extraordinary service charges of $40 per hour for clerical and $60 per hour for supervisory shall be applied for any extensive use of information technology, or for the labor cost of personnel providing the service that is actually incurred by the Borough or attributable to the agency for the programming, clerical and supervisory assistance required to provide a government record in the medium requested if it is not a medium routinely used by the Borough or not routinely developed or maintained by the Borough or requiring a substantial amount of manipulation or programming of information.
B. 
Color copies (single-sided): $0.12 per page.
C. 
Copy fee for forms of electronic media:
(1) 
Reproduction of electronic records, including, but not limited to VHS videotape, CD, and DVD, or conversion of paper records to electronic format: actual cost. Mailing cost, if any, is additional.
(2) 
Reformatted tape or conversion of electronic files from one form of electronic media or software product to another form of electronic media or software product: $75 or cost to the Borough. Transportation and handling cost is additional and must be paid when ordering said copy.
(3) 
Printouts of computer-generated records: $0.05 per printout of each computer screen.
(4) 
For security reasons, the use of a floppy disk, CD, DVD, or external memory drive or form of storage medium provided by the requestor of records is prohibited.
(5) 
Microfilm: actual cost.
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 ordinary document-copying equipment in ordinary business size, or involves an extraordinary expenditure of time and effort to accommodate the request, a reasonable special service charge will be added for said services as set forth hereinbelow. Included within the types of work for which charges shall be made are the compilation of presently available technical information requiring substantial amounts of time and preparation of calculations, reports, memoranda, and other documents of a technical nature.
B. 
The cost of said services shall be paid to the Borough of Chatham at the following rates:
(1) 
For all services performed by employees of the Borough: $60 per hour supervisor/nonsupervisor, $40 per hour special service charge, plus expenses.
(2) 
For all services performed by the Borough's paid professional consultants: the rate paid by the Borough for said services.
C. 
The person requesting duplication of the records shall have the opportunity to review and object to the charge prior to it being incurred. A copy of the invoice for the actual direct cost will be included with the records.
A. 
If a request is made for a record in a medium not routinely used by the Borough, or in a medium not routinely developed or maintained by the Borough, or requiring a substantial amount of manipulation or programming of information technology, the Borough will charge an additional reasonable special charge for any extensive use of information technology and/or the labor cost of personnel actually incurred or attributable for the programming, clerical, and supervisory assistance. Extraordinary service charges of $40 per hour for clerical and $60 per hour for supervisory shall be applied.
B. 
The person requesting preparation of the records shall have the opportunity to review and object to the charge prior to it being incurred. A copy of the invoice for the actual direct cost will be included with the records.