[Adopted 8-12-1982 by Ord. No. 31-82 (Ch.
62, Art. I, of the 1981 Code); amended in its entirety 12-10-2009 by Ord. No. 2009-35]
New Jersey has adopted the Open Public Records
Law which has as its general purpose making government records more
available to the public than they have been in the past. In certain
instances, the production of archived or records in a format which
is not the usual format maintained by the municipality or other special
circumstances would be costly and time consuming. The New Jersey Public
Records Law permits the municipality to require the payment of fees,
special service charges and/or special charges as a prerequisite to
the production of records requiring extraordinary time and effort,
special equipment or special formatting. The Township shall be entitled
to charge and collect fees for the reproduction of any public records
at the rates and fees established in the New Jersey Open Public Records
Act, N.J.S.A. 47:1A-1 et seq., as amended.
Any person seeking the reproduction of public
records, documents or other information as contemplated by this article
shall submit his or her request, in writing, on a form prescribed
by the Municipal Clerk as amended from time to time. All requests
will be handled in accordance with N.J.S.A. 47:1A-1 et seq.
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.
A.
B.
Non-standard-sized paper documents:
|
Size of Paper
(inches)
|
Cost
(per page)
|
|---|---|
|
11 x 17
|
$1
|
|
18 x 24
|
$3
|
|
24 x 36
|
$4
|
|
30 x 42
|
$5
|
|
Larger than 30 x 42
|
$6
|
C.
Code for the Township of Marlboro: actual cost.
E.
Township Road Map.
|
Size of Sheets
(inches)
|
Cost
|
|---|---|
|
18 x 27
|
$3.00
|
|
24 x 36
|
$4.00
|
|
36 x 48 or larger
|
$6.00
|
F.
Zoning Map: $10.
[Amended 2-18-2010 by Ord. No. 2010-3]
I.
Copying existing files on floppy disk or CD to floppy
disk or CD.
|
Floppy disks
|
$0.50 each plus any applicable special service
charge
|
|
CD
|
$0.50 each plus any applicable special service
charge
|
|
For security reasons, the use of a floppy disk
or CD provided by the requestor is prohibited.
|
J.
A special service 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. When the actual rate for
duplication of a record exceeds the rates set forth above, the rate
for duplication shall be the amount established by Marlboro Township
ordinance. The requestor shall have the opportunity to review and
object to the special service charge prior to it being incurred. Charges
may be imposed as follows:
K.
If a request is for a record in a medium not routinely
used by the Township, not routinely developed or maintained by the
Township or requires a substantial amount of manipulation or programming
of information technology, a special charge, in addition to the actual
costs of duplication, shall be assessed based on the cost for any
extensive use of information technology, or for the labor cost of
personnel providing the service, that is actually incurred by or attributable
to the Township for the programming, clerical and supervisory assistance
required, or both.
L.
Applicable postage shall be added for any and all
records requested by mail.
M.
A deposit shall be paid prior to filling any 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.
[Amended 6-7-2012 by Ord. No. 2012-17]
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. In addition to applicable fees set forth in § 62-3,
the following specific fees shall apply to requests for public records
from the Municipal Prosecutor as part of the discovery process:
A.
There will
be a fee of $5 for the first 10 pages of discovery provided. There
will be an additional charge of $1 per page for each additional page
of discovery provided in excess of the first 10 pages. These fees
apply regardless of the method of delivery and receipt of the discovery
provided (i.e., mail, electronic mail or in person).
B.
Photocopies
of photographs: at the rates set forth above for pages. Photograph
negatives for developing into another medium will be charged a fee
for the actual costs of reproduction plus a ten-dollar administrative
and handling fee.
C.
Duplication
of any CD or DVD: $30 per CD or DVD. CD(s) or DVD(s) will be sent
by certified mail, return receipt requested, at no additional charge.
D.
Any Alcotest
(breath test for a driving-while-intoxicated violation) download:
$30 per CD.
E.
For any
item that cannot be photocopied on the Township copy machine or is
not otherwise provided for herein: actual cost plus a ten-dollar administrative
and handling fee.
F.
Where discovery
must be obtained from an entity other than the Township of Marlboro:
actual cost paid to the other entity plus a ten-dollar administrative
and handling fee.
G.
Discovery
materials will only be released when payment in full for same has
been received.
H.
Reasonableness
of cost. Upon motion of any party, the court may consider the reasonableness
of the cost of discovery ordered by the court to be disseminated to
the parties. If the court finds that the cost charged for discovery
is unreasonable, the court may order the cost reduced or make such
other order as is appropriate.
