[HISTORY: Adopted by the Township Committee of the Township of Freehold
by Ord. No. O-86-36 (Ch. XIII-A of the Revised General Ordinances);
amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. III). Subsequent amendments noted where applicable.]
The Township Committee of the Township of Freehold makes the following
findings and determinations:
A.
The Geographic Information System (GIS) data prepared
in conjunction with the Monmouth County Geographic Information System data
and the topographic maps of the Township of Freehold prepared by the Midlantic
Aerial Surveyors, Inc., constitute valuable and irreplaceable property of
the Township of Freehold; and
B.
This GIS data and these maps constitute a valuable and
irreplaceable record of the physical condition of the surface of the land
in the Township at the time of the flight photograph; and
C.
Careful supervision of the use and custody of the foregoing
is necessary to prevent loss of or damage; and
D.
The unsupervised handling of these maps will cause physical
deterioration of the same and will expose the same to an unreasonable risk
of damage, deterioration and destruction; and
E.
The maps have been prepared in reproducible form on mylar;
and
F.
The Township has facilities to make prompt accurate reproductions
which will not expose these maps to any unreasonable risk of loss, damage,
deterioration or destruction; and
G.
The cost of the preparation of the GIS data and the topographical
maps and the cost of supervision of the care and custody of the same and the
cost of making prints has and will be paid out of general taxation, therefore,
it is right and proper that fee 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 a tile sheet basis.
The Township Engineer shall be and is hereby charged with the custody,
safekeeping, care, control and use of the hereinabove specified maps.
The following regulations are established to govern the storage and
use of said GIS data and maps and shall be enforced by the Township Engineer:
A.
The GIS data and maps shall be kept in secured files.
B.
No one shall remove any GIS data or map from the office
of the Township Engineer.
C.
No one shall make any tracing or copy by any other method
of any such map.
D.
During normal office hours, 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 without releasing or surrendering
physical possession of same without charge or other fee.
E.
During normal business hours, on written request and
payment of proper fees as herein established, the Township Engineer or his
designate shall reproduce and deliver the requested GIS data in digital or
printed copies of any of the foregoing digital data or maps 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 copies
of digital data or maps at a scale of one inch equals 100 feet property of
the Township of Freehold, in the County of Monmouth, agrees that I or my agents
will not reproduce, sell, assign or transfer any copies thereof, that I and/or
my agents will not sell, transfer or assign the above specified requested
copies and that I and/or my agents will not permit, suffer or allow the sale,
assignment or transfer of the above specified copies nor the sale, assignment
or transfer of copies thereof during the next 10 years, except that I may
transfer or assign to a subsequent purchaser a copy of any portion of digital
data or map which I have purchased or legally received, which depicts property
I own and have contracted to sell to another."
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In addition, the Township Engineer shall require that each digital data
or print 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 digital data or map of a part of the Township of Freehold 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 I may transfer or assign to a subsequent purchaser a copy of any
portion of the digital data or map which I have purchased or legally received,
which depicts property I own and have contracted to sell to another."
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In addition, each print delivered as aforesaid shall bear or be clearly
stamped with the following:
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"The sale, assignment or transfer of this digital data or map or of
any portion or transfer of any copy or reproduction of any portions of this
map is prohibited; and any such action will, upon conviction in the Freehold
Township Municipal Court, subject the individual to the penalties established
by law, except that a purchaser may transfer or assign a copy of any portion
of this digital data or map to a purchaser of property which is depicted on
the map."
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No person who obtains a print of any sheet or portion of a sheet of
the aforesaid digital data or map 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 or copy thereof or the
sale, assignment or transfer or any portion thereof or the sale, assignment
or transfer of any reproduction or copy of a portion thereof, except to a
purchaser of property which is depicted on the map.
All applications for copies of the aforesaid maps shall be made to the
Township Engineer in writing.
It may be in the public interest and permissible to lend, without charge,
copies of the digital data or maps to agencies of the federal, state or county
governments whenever there will be a benefit to the Township of Freehold.
The free loan of said digital data or maps to other public agencies shall
be accomplished by filing a written application to the Township Clerk with
a copy to the Township Engineer who shall comply with the request with due
dispatch following approval by the Township Committee.
A.
The Township of Freehold does not certify the accuracy
of the digital data or topographical mapping prepared from the aerial photographs
taken and does not insure the accuracy of same nor the acceptance of same
by the Township or any of its authorities or agencies.
B.
Each digital data tile or print delivered as aforesaid
shall bear or be clearly stamped with the following: "Accuracy of this digital
data or map subject to field check by recipient."
