[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Bridgewater 5-3-1965 by Ord. No. 65-9. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 128.
The Township Council makes the following findings and determinations:
A.
The contour and planimetric maps of the area of this
Township prepared by Maps, Incorporated under a certain contract dated March
11, 1964, consisting of large-scale planimetric maps at scales of one inch
equals 2,000 feet and one inch equals 1,000 feet, respectively, and a set
of 210 topographic maps at a scale of one inch equals 100 feet with two-foot
contours and a complete set of nine-by-nine-inch contact prints at a scale
of one inch equals 500 feet of the flight photographs used for the preparation
of the foregoing, constitute valuable irreplaceable property of this Township;
and
B.
These maps and photographs constitute a valuable irreplaceable
record of the physical condition of the surface of the land in the Township
at the time of the flight photographs; and
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; and
D.
The use of these maps to make copies by tracing on tracing
paper and the unsupervised handling of these maps and photographs will accelerate
the physical deterioration of the same and will expose the same to an unreasonable
risk of damage, deterioration and destruction; and
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 to any unreasonable risk of loss, damage, deterioration or destruction;
and
F.
Centralization of responsibility for the care, custody,
safety and use of these maps and photographs is desirable to ensure effective
control, and since the information recorded on these maps and photographs
is of an engineering nature and of primary interest to engineers, the Township
Engineer is the municipal officer most qualified to assume this responsibility;
and
G.
The cost of the preparation of these maps and photographs
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, and, accordingly,
it is right and proper that fees for such prints and copies be established
to recover these past and future costs in accordance with the value of the
information and data that such copies have on an acreage basis.
The Township Engineer shall be and is hereby charged with the custody,
safekeeping, care, control and use of the hereinabove specified maps and photographs
and shall annually file with the Township Clerk an inventory thereof.
The following regulations are established to govern the storage and
use of said maps and photographs and shall be enforced by the Township Engineer:
A.
The maps and photographs shall be kept in locked fireproof
files to be provided therefor and the Township Engineer shall have sole custody
of the key or combination to the locks on such files and shall keep these
files locked.
B.
No one shall take any map or photograph 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 or photograph.
D.
During normal office hours and on request, the Township
Engineer or his designate may expose to view in the office of the Township
Engineer any single sheet of the aforesaid maps and any single flight photograph
without releasing or surrendering physical possession of the same, without
charge or other fee.
E.
Securing copies.
(1)
During normal office hours, on written request and on
receipt of proof that the proper fees herein established have been paid to
the Township Treasurer, the Township Engineer or his designate 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:
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"The undersigned, for and in consideration of the above-specified reproducible
copies of topographic maps at a scale of 1" = 100', property of the Township
of Bridgewater, in the County of Somerset, agrees that the undersigned will
not produce and sell copies thereof, that the undersigned will not sell the
above specified reproducible copy and that the undersigned will not permit,
suffer or allow the sale of the above-specified reproducible copy or the sale
of copies thereof during the next 10 years."
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(2)
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:
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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 Township of Bridgewater, agrees that
the undersigned will not sell this copy, will not sell a reproduction of this
copy and will not suffer, allow or permit the sale thereof or any copy or
reproduction thereof."
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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 of this map or of any portion of this map and the sale of
any copy or reproduction of this map or of any portion of this map is prohibited."
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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 maps
to a scale of one inch equals 100 feet shall sell or permit, suffer or allow
the sale of such print or sepia or the sale of any reproduction or copy thereof
or the sale of any portion thereof or the sale of any reproduction or copy
of a portion thereof.
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
agreeably to the terms of this chapter.
All fees herein established shall, after computation by the Township
Engineer or his designee, be paid to the office of the Township Treasurer,
and the office of the Township Treasurer is authorized to accept and deposit
the same and to issue receipts therefor in such form as shall be acceptable
to the Township Auditor for presentation to the Township Engineer prior to
the delivery of the requested prints or copies of such maps or of any portion
thereof.
[Amended 10-3-1977 by Ord.
No. 77-37]
Fees for prints, sepias or other similar reproducible copies of the aforesaid topographic maps and planimetric maps are hereby established as set forth in Chapter 94, Fees, and such fees, computed by the Township Engineer or his designee in accordance with the schedule of rates set forth in said Chapter 94, shall be charged, paid and collected before delivery of any such copy. Where the fee schedule bases the rate on acreage, the acreage shall be determined by the Township Engineer 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 set forth in the schedule. 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.
[Added 5-4-1970 by Ord. No.
70-9]
The Township Council determines that there are occasions when it will
be of direct benefit to this Township to lend, without charge, Township topographic
maps to such public agencies as the following:
A.
U.S. Army Corps of Engineers.
B.
New Jersey Division of Water Policy and Supply.
C.
Somerset County Engineering Department.
D.
Somerset County Park Commission.
E.
Somerset-Raritan Valley Sewerage Authority.
F.
Adjoining municipalities.
G.
Bridgewater Township Board of Health.
H.
Bridgewater Township Board of Recreation and Park Commissioners.
I.
Bridgewater Township Municipal Utilities Authority for
Water.
J.
The Township of Bridgewater Sewerage Authority.
[Added 5-4-1970 by Ord. No.
70-9]
The Township Council further determines that it is advisable and in
the public interest to make provisions governing the procedure for allowing
the free loan of Township topographic maps to public bodies in cases where
it is of direct benefit to this Township to do so.
[Added 5-4-1970 by Ord. No.
70-9]
The following procedure is hereby established to govern the free loan
of Township topographic maps to other public agencies:
A.
A written application shall be made on a form to be prepared
by the Director of Public Works and Engineering. The application shall be
signed by the chief executive officer of the applicant. The application shall
be filed with the Director of Public Works and Engineering, who shall forward
the same to the Township Council, together with his recommendations in respect
thereto. The application shall define the area embraced by the request for
topographic maps. The application shall set forth the reason why the maps
are requested; if requested for the purpose of planning a project, the application
should also describe the project. The application shall specify the amount
of time required to study the topographic maps and set forth the date when
the same will be returned. The application shall also specify names and addresses
of all persons who will be using the borrowed maps and also the place where
the borrowed maps will be kept, as well as the name and address of the person
who shall be responsible for the care and safekeeping thereof during the period
of the loan. The application shall contain the statement that the applicant
will not sell any topographic map, will not sell a reproduction of any topographic
map and will not suffer, allow or permit the sale thereof or any copy or reproduction
thereof. The application shall also contain the statement of the applicant
that the maps will be returned in good order on or before a date certain.
The application shall contain the further statement that the applicant will
not permit the maps to be used for private purposes.
B.
The Township Council will review each application and
the recommendation of the Director of Public Works and Engineering. When the
Township is satisfied by the statements set forth in the application or attached
thereto that the loan of the requested maps will be of direct benefit to this
Township, the Township Council may direct the Township Clerk to advise, in
writing, the Township Engineer to issue the requested topographic maps or
any portion thereof specified by the Township Council. Such direction shall
be made by the Township Council by a motion or resolution at a regular or
special meeting of the Township Council.
C.
The Township Engineer, on receipt of written authorization from the Township Council, shall make available the maps therein specified. He shall require the receipt specified in § A229-3E of this chapter. The maps to be loaned shall comply with the further provisions of said section. In addition, the maps loaned shall have the following statement inscribed upon the face of each sheet:
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"The map is loaned by the Township of Bridgewater to (enter here the
name of the applicant) for use in connection with (here enter the proposed
use, such as engineering design of a certain specified project). Use of this
map for private purposes is unlawful. Use of this map for private benefit
is unlawful. This map shall be returned to the Township Engineer or Bridgewater
Township on or before (enter a specific date)."
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