It is hereby declared to be the public policy
of this Township to recognize the public's general right to know pursuant
to the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.). All records
kept in the course of official duties by any Township officer or employee
shall be deemed to be "government records," as that term is defined
by N.J.S.A. 47:1A-1.1, and such records shall be subject to inspection
by the public unless exempt under the statute or other regulation,
common law practice, executive order of the Governor, Rules of Court,
federal law or judicial decision.
In accordance with N.J.S.A. 47:1A-1.1, the Municipal
Clerk is designated as the custodian of records. The Clerk shall adopt
a form for the use of any person who requests access to a record,
and such form shall contain all of the information required by N.J.S.A.
47:1A-5(f).
Unless a shorter time period is otherwise provided
by statute, regulation or executive order, the Clerk shall grant access
to a government record or deny a request for access to a 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. In the event that the Clerk fails to respond
within seven business days after receiving a request, the failure
to respond shall be deemed a denial of the request, unless the requestor
has elected not to provide a name, address or telephone number, or
other means of contacting the requestor. If the requestor has elected
not to provide a name, address, or telephone number, or other means
of contacting the requestor, the Clerk shall not be required to respond
until the requestor reappears before the custodian seeking a response
to the original request. If the government record is in storage or
archived, the requestor shall be so advised within seven business
days after the Clerk receives the request. The requestor shall be
advised by the Clerk when the record can be made available. If the
record is not made available by that time, access shall be deemed
denied.
The Clerk shall post prominently in public view,
in or adjacent to the Clerk's office, a statement that sets forth
in clear, concise and specific terms the right to appeal a denial
of or failure to provide access to a government record and the procedure
by which an appeal may be filed.
Copies of records may be purchased for the fee
prescribed by law or regulation. If a fee is not prescribed by law
or regulation, the fee shall be the actual cost of duplicating the
record; provided, however, that where the actual cost for duplication
of a record exceeds the rates below, the actual cost shall be imposed:
A. Standard-sized paper documents (up to 8 1/2 inches
by 11 inches): $.05 per page; legal-size paper documents (8 1/2
inches by 14 inches and larger): $.07 per page.
[Amended 12-1-2010 by Ord. No. 08-2010]
B. Document fees. Fees shall be charged as follows for
the following documents:
(1) Land Use Plan: $50 plus $10 if mailing is required.
(2) Master Plan: $50 plus $10 if mailing is required.
(3) Code Book, including Land Use: $150.
[Amended 10-19-2005 by Ord. No. 28-2005]
(4) Annual supplementation subscription to Code Book:
$15.
[Added 10-19-2005 by Ord. No. 28-2005]
(5) Land Use annual supplementation subscription: $15.
[Added 10-19-2005 by Ord. No. 28-2005]
(6) Lost Code Book charge: $100.
[Added 10-19-2005 by Ord. No. 28-2005]
C. Other reproduction of documents.
[Amended 10-19-2005 by Ord. No. 28-2005]
(1) Copy of meeting computer discs shall be $0.80 each.
[Amended 12-1-2010 by Ord. No. 08-2010]
(2) Copy of a cassette tape shall be the cost of vendor
reproduction, plus shipping and handling.
(3) Oversized paper copies (exceeding 8 1/2 inches by
17 inches) shall be the cost of reproduction (will vary with size
requested) plus a special service charge to coverage mileage based
on $0.42 cents per mile to cover reimbursement of employee use of
personal vehicle.
[Amended 12-1-2010 by Ord. No. 08-2010]
(4) A special service charge will also apply if a request
for copies involves an extraordinary expenditure of time and effort
to accommodate the request. This charge will apply 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
involves staff time over 15 minutes. The charge will be $16 per hour
prorated to a minimum of one-quarter hour.
[Amended 12-1-2010 by Ord. No. 08-2010]
(5) Copy
of Natural Resource Inventory CD shall be $10.
[Added 12-10-2008 by Ord. No. 22-2008]
(6) Fees for providing access to motor vehicle accident reports: Every citizen of this state shall have the right, during regular business hours and under supervision, to inspect and copy such reports and shall also have the right in person to purchase copies of the accident reports at the same fee established pursuant to OPRA and in §
41-7A above. If copies of reports are requested other than in person, an additional fee of up to $5 may be added to cover the administrative costs of the report.
[Amended 12-1-2010 by Ord. No. 08-2010]
D. Vital statistic certificates.
[Amended 4-4-2007 by Ord. No. 07-2007; 5-6-2009 by Ord. No.
11-2009; 7-7-2010 by Ord. No. 14-2010]
(1) The
fee for vital statistic certificates for birth, death, marriage, civil
unions and domestic partnerships is hereby set at $25 for the first
certified copy and $5 for each subsequent copy requested at the same
time.
(2) Corrections
shall be charged a fee of $10 per correction filed.
F. Applicable postage shall be added for any and all
records requested by mail.
G. A deposit shall be paid prior to filling any anonymous
request where it is estimated that the information requested will
cost in excess of $5 to reproduce. The amount of the deposit shall
equal the total estimated cost of filling the request.
[Added 6-25-2014 by Ord.
No. 5-2014]
Fingerprinting, except for employment at the West Amwell Township
School or South Hunterdon Regional High School or for applicants for
membership in the West Amwell Fire Company or Lambertville-New Hope
Ambulance and Rescue Squad, shall cost $35.