[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Rocky Hill as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-19-2005 by Ord. No. 7-05;
amended in its entirety 5-7-2012 by Ord. No. 2-2012]
The purpose of this article is to establish
a procedure for the inspection and reproduction of government records
by the public.
The public records of the Borough of Rocky Hill
shall be accessible for examination and copying in accordance with
N.J.S.A. 47:1A-1 et seq., upon the terms and conditions as hereinafter
provided. Such inspection shall be made only at reasonable times during
business hours and without interference with the conduct of the affairs
of the office or other place where such records are kept or maintained.
As used in this article, the following terms
shall have the meanings indicated:
The form which shall be adopted by the Custodian of Government
Records for use by any person who requests access to government records.
The Borough Clerk.
A charge, in addition to the actual cost of duplicating the
government record(s), which shall reflect the expense associated with
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).
Any information subject to public inspection which is maintained
by the Borough in written, audio, video, electronic or other form.
Any person who requests access to a government record.
The Custodian of Government Records shall adopt
an access form for use by a requestor and shall make recommendations
to the Borough of Rocky Hill Council regarding the appropriate fees
to be charged for access to and copies of government records. The
access form shall contain all information required by N.J.S.A. 47:1A-5f.
All government records shall be subject to the
provisions of this article unless otherwise provided by law or regulation.
Any officer or employee of the Borough who receives a request for
access to a government record shall forward the request or direct
the requestor to the Custodian of Government Records.
The access form to be adopted by the Custodian
of Government Records shall elicit the name, address and telephone
number of the requestor and a brief description of the government
record(s) requested and shall also include the following:
A.
Space for the Custodian to indicate which government
record(s) shall be made available;
B.
Specific directions and procedures for requesting
government records;
C.
The fee schedule;
D.
A statement whether a prepayment of fees or a deposit
is required;
E.
The time period in which access will be provided;
F.
A statement of the requestor's right to appeal a decision
by the Custodian denying access and the procedure for appealing such
decision;
G.
Space for the Custodian to list the reasons for any
denial of a request for access including a citation of the authorization
for such denial; and
H.
Space for the Custodian to sign and date the access
form upon its completion.
Copies shall be made available for purchase
upon the payment of fees in accordance with N.J.S.A. 47:1A-1 et seq.,
which shall be based upon the actual photocopying costs without regard
to the number of records being copied.
A.
The actual costs of photocopying may be established
annually by resolution of the governing body.
B.
Fax request: no charge.
C.
Color copying: the actual cost incurred in having
material reproduced shall be charged.
D.
Miscellaneous fees:
(1)
Fees established:
(a)
Master Plan: The actual costs of photocopying may
be established annually by resolution of the governing body.
(b)
Land Use Book (Zoning Ordinance): The actual costs
of photocopying may be established annually by resolution of the governing
body.
(c)
Photographs: the actual cost incurred in making the
copy shall be charged.
E.
Maps:
(2)
Zoning and street maps: $1.
(3)
Map disclaimer. For all data contained herein, the
Borough of Rocky Hill makes no representations of any kind, including
but not limited to the warranties of merchantability, accuracy or
fitness for a particular use, nor are such warranties to be implied
with respect to the digital data provided.
F.
Mail request: normal copy fee, plus the costs of postage
required to mail these items via first class mail.
G.
List of property owners within 200 feet pursuant to
N.J.S.A. 40:55D-12: $10.
H.
Municipal Tax Search: $10.
I.
Extraordinary service charge: costs and benefits of
hourly rate of person providing service.
J.
Copies of CDs: the actual cost of the CD shall be
charged.
The following fees shall be payable by the requestor
to the Borough of Rocky Hill for the discovery provided:
A.
Actual photocopying costs without regard to the number
of pages being copied, which cost may be established annually by resolution
of the governing body.
B.
Actual postage for any discovery sent by mail;
C.
Photographs: the actual cost incurred in making the
copy shall be charged.
D.
Duplication of videotapes: actual cost incurred in
making the copy shall be charged.
E.
On any item that cannot be photocopied on the Borough
of Rocky Hill copy machine or not otherwise provided for in this schedule,
the actual cost incurred in making the copy shall be charged.
The following fees are established:
A.
A fee of
$5 shall be charged for the initial duplicate copy of a tax bill.
B.
A fee of
$25 shall be charged for each subsequent copy of a tax bill for the
same tax year requested by the same person or organization pursuant
to N.J.S.A. 54:4-64.
C.
A fee of
$100 shall be charged for each duplicate tax sale certificate pursuant
to N.J.S.A. 54:5-52.1.
D.
In accordance
with N.J.S.A. 54:5-54, the Tax Collector shall provide to any person
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. For each subsequent calculation requested from the
Tax Collector, there shall be a fee of $50. A request for a redemption
calculation shall be made in writing to the Tax Collector.
E.
In accordance
with N.J.S.A. 54:5-97.1, the Tax Collector may charge a lienholder
of a tax lien $50 for the calculation of the amount due to redeem
the tax lien as required pursuant to N.J.S.A. 54:5-97.1. Any request
for a redemption calculation shall specify the date to be used for
the calculation which shall be the date of the notice. Neither the
Tax Collector nor the municipality shall be liable for an incorrect
calculation. The fee paid to the municipality shall not become part
of the lien and shall not be passed on to any party entitled to redeem
pursuant to N.J.S.A. 54:5-54.
