[HISTORY: Adopted by the Township Committee
of the Township of Franklin as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Land use and development — See Ch. 90.
[Adopted 4-24-2000 by Ord. No. 2000-6]
The following fees shall be paid by the applicant
at the time of passage of a resolution of subdivision approval by
the Planning Board or the Board of Adjustment of the Township of Franklin
for the cost of making updates and modifications to the Tax Maps of
the Township of Franklin relating to said applications:
Payment of the fees required hereunder shall
be an expressed condition of any subdivision approval granted by either
the Franklin Township Planning Board or the Franklin Township Board
of Adjustment, as the case may be.
[Adopted 10-14-2002 by Ord. No. 2002-12]
It is hereby declared to be the public policy
of this Township Committee 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 of Franklin 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).
A.
Any person seeking to inspect, examine or copy a public
record of this municipality shall make application in writing to the
Municipal Clerk, during regular business hours, on the form provided.
All requests for public records shall be as specific as possible,
including the type of record and date created, if known.
B.
The Municipal Clerk shall promptly comply with a request
to inspect, examine, copy or provide a copy of a government record.
If the Clerk is unable to comply with a request for access, he or
she shall indicate on the request form the specific basis for such
inability to comply and shall promptly return it to the requestor.
The Clerk shall sign and date the form and provide the requestor with
a copy thereof.
C.
In those instances where the nature of the request
or the record itself leads the Municipal Clerk to doubt whether or
not the record is a "government record" as defined by law or is a
record exempt from disclosure, the Clerk shall request an opinion
from the Municipal Attorney. A copy of the request form shall be forwarded
to the Attorney, who, after review and investigation, shall issue
an opinion and note such opinion on the request form and promptly
return it to the Municipal Clerk.
D.
If any part of a particular record is exempt from
public access pursuant to N.J.S.A. 47:1A-1 et seq., the Clerk shall
delete, redact or excise from a copy of the record that portion which
is exempt from access and shall promptly permit access to the remainder
of the record.
E.
If the record requested is temporarily unavailable
because it is in use or in storage, the Clerk shall so advise the
requestor and shall make arrangements to make a copy of the record
available.
F.
If a request for access to a government record would
substantially disrupt municipal operations, the Clerk may deny access
to the record after attempting to reach a reasonable solution with
the requestor that accommodates the interests of the requestor and
the municipality.
G.
As required by N.J.S.A. 47:1A-5e, immediate access
shall be granted for access to budgets, bills, vouchers, contracts
(including collective negotiations agreements and individual employment
contracts), and public salary and overtime information.
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 requests 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.
A.
Upon the approval of a request to view, inspect, examine
or copy a record, the record and the requestor shall remain in the
presence of the Municipal Clerk or his or her authorized representative
at all times. Under no circumstances shall any government record be
removed from the office where it is normally kept unless accompanied
by the custodian or his or her authorized representative.
B.
In the event that the nature of a request to view
records requires that the Clerk or other municipal employee observe
or monitor such viewing for a period of time exceeding one hour, the
requestor shall be responsible for reimbursing the municipality for
time spent by the Clerk or other employee.
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, 8 1/2 by 11 inches
in size or smaller: $0.05, and $0.07 per legal size page 8 1/2 inches
by 14 or larger.
[Amended 12-5-2011 by Ord. No. 2011-9]
B.
Large-sized paper documents (larger than 11 inches
by 14 inches) and maps: not available.
[Amended 12-5-2011 by Ord. No. 2011-9]
C.
Preprinted documents.
[Amended 4-7-2008 by Ord. No. 2008-6; 12-5-2011 by Ord. No.
2011-9]
|
Type
|
Fee
| ||
|
Code Book, per copy
|
$25 (additional for postage if mailed)
| ||
|
Each Code supplement
|
$3.00
| ||
|
Land Use Pamphlet
|
$25 (additional for postage if mailed)
| ||
|
Master Plan, per copy
|
$50 (additional for postage if mailed)
| ||
D.
Police reports and photographs. (Not available)
E.
Electronic records: (Not available by Township Individual
transcribers retained by individual).
(1)
Copy of videotape:
|
Type
|
Fee
| |
|---|---|---|
|
Tape supplied by requestor
|
Not available
| |
|
Tape supplied by municipality
|
Not available
|
(2)
Copy of audio tape (Not available)
|
Type
|
Fee
| |
|---|---|---|
|
Tape supplied by requester
|
Not available
| |
|
Tape supplied by Municipality
|
Not available
|
(3)
Copy of electronic document or database. The following fees cover the cost of copying existing files to a CD. Any requests for software conversions shall be subject to the special service charge described in Subsection G below. For security reasons, the use of a CD provided by the requestor is prohibited.
[Amended 12-5-2011 by Ord. No. 2011-9]
|
Type
|
Fee
| |
|---|---|---|
|
CD
|
To be determined (additional for postage if
mailed)
|
F.
Miscellaneous medium.
|
Type
|
Fee
| |
|---|---|---|
|
Microfilm
|
Not available
| |
|
Mailing labels
|
Not available
|
G.
A special charge shall be imposed, in addition to
the actual cost of duplicating the record, where the nature, format,
manner of collation or volume of printed matter is such that it cannot
be reproduced by ordinary document-copying equipment in ordinary business
size or where such record involves an extraordinary expenditure of
time and effort to accommodate the request. The requestor shall have
the opportunity to review and object to the special charge prior to
it being incurred. When because of the nature of the request a special
charge is necessary, the Township Clerk shall present the requestor
with an estimate of the charge. The estimate will be based upon the
number of hours anticipated to be required in order to comply with
the request multiplied by the total salary and benefits of the person
complying with the request divided into an hourly charge.
[Amended 4-2-2007 by Ord. No. 2007-9]
I.
Applicable postage shall be added for any and all
records requested by mail.
J.
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 6-3-2013 by Ord.
No. 2013-7]
A.
Any individual
that establishes his or her right to request a copy of a vital record
pursuant to the provisions of N.J.S.A. 26:8-62(a) shall be entitled
to obtain a copy of vital records in accordance with the following
fee schedule:
(1)
Certified
copy of birth, marriage, domestic partnership, and death certificate:
$5 per copy.
(2)
Certification
of birth, marriage and death: $5 per copy.
(3)
Photocopy
of correction of birth, marriage, and death: $5 per copy.
(4)
Correction
to record of birth, marriage, and death: $5 per correction.
(5)
Burial
permits: $5 each.
B.
Copies
of vital records shall be furnished without fee to any individual
or entity requesting a copy for any purpose set forth in N.J.S.A.
26:8-63.
C.
All fees
shall be payable to the Franklin Township Municipal Clerk at the time
the copies are requested. In the event of a request for the regular
mailing of a copy of a vital record, an additional mailing fee in
the amount of $2.50 shall be remitted at the time the copies are requested.
In the event certified mailing is requested, an additional mailing
fee in the amount of $10 shall be remitted at the time the copies
are requested.
[Amended 8-5-2013 by Ord.
No. 2013-8]
