Administration of government — See Ch. 3.
ARTICLE IGovernmental Records (§ 39-1 — § 39-8)
ARTICLE IINongovernmental Records (§ 39-20)
§ 39-3Fee schedule.
§ 39-5Special service charges.
§ 39-6Viewing of government record(s); removal prohibited.
§ 39-7Fee deposits and payment in advance.
§ 39-8through § 39-19. (Reserved)
The purpose of this chapter is to set forth the Borough's fee schedule for obtaining copies of government records.
As used in this chapter, the following terms shall have the meanings indicated:
- GOVERNMENT RECORD(S) or RECORD(S)
- Any information subject to public inspection which is maintained by the Borough in written, audio, video, electronic or other form and as defined by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.
- SPECIAL SERVICE CHARGE
- 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 accommodate requests to examine and/or provide copies of the record(s), and as defined by the Open Public Records Act, N.J.S.A. 47:1A-5c and 47:1A-5d.
The fees for copies of government records shall be:
Thirty-six inches by 48 inches: $7 per sheet.
Thirty inches by 42 inches: $5.50 per sheet.
Twenty-four inches by 36 inches: $3 per sheet.
Eleven inches by 17 inches: $1 per sheet.
Eight and one-half inches by 11 inches or 8.5 inches by 14 inches: fees per page in accordance with § 39-3A.
Full set of Tax Maps: $60.
Topographical maps: $3 per sheet.
Full set of topographical maps: $60.
Engineering standards, details and design criteria: $5 per sheet.
Land Use Code book: $30 plus supplements.
General Ordinance Code book: $125 plus supplements.
Land Use Code supplement: $5 plus actual cost.
General Ordinance Code supplements: $5 plus actual cost.
Audiotape: $15 per tape.
Videotape: $25 per tape.
Duplicate tax bill: $6.
Duplicate tax sales certificate: $100.
Court dispositions: $5.
Transcripts of audiotapes: $10 per page.
Certified copies of birth, marriage, domestic partnership, civil union or death certificates: $8.
Discovery requests: $20.
Accident reports: $5.
Digital photograph CD copy: $10.
Digital photograph print copy: $5 per print.
Postage costs will be added to fees for copies of records requested to be mailed and will be determined at the time of the request.
A special service charge may be applied by the custodian of records or his/her designee in the following circumstances:
When the nature, format, manner of collation or volume of a government record embodied in the form of printed matter to be inspected, examined or copied is such that the record cannot be reproduced by ordinary copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, an extraordinary expenditure of time meaning in excess of one hour;
When a request is for a government record in a medium not routinely used by the Borough;
When a request is for a government record not routinely developed or maintained by the Borough; or
When a request for a government record requires a substantial amount of manipulation or programming of information technology by the Borough and the cost of such manipulation or programming is not otherwise included in the fee or fees listed in § 39-3.
Where a special service charge is to be imposed, prior to rendering the service that will give rise to the charge, the custodian of records or his/her designee shall notify the requestor and give the requestor an opportunity to review the amount to be charged.
The special service charge rate for supervisory, programming and/or clerical services shall be charged per hour and as follows:
The hourly rate shall be the hourly wage of the employee conducting the supervisory, programming and/or clerical services as set by the Borough Council by ordinance or resolution from year to year and/or collective bargaining agreement(s) from time to time, together with benefits calculated on an hourly basis (total yearly benefits for employee divided by 1,820 times the hours on project).
The hourly wage of salaried personnel shall be calculated by dividing the employee's annual salary as set by the Borough Council by ordinance or resolution and/or collective bargaining agreement(s), together with benefits calculated on an hourly basis (total yearly benefits for employee divided by 1,820 times the hours on project) by 26 pay periods and then dividing that biweekly pay by the number of hours worked in a biweekly period.
The contracted hourly rate charged by any contractor hired by the Borough to perform these tasks.
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 custodian of records or his/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 of records or his/her authorized representative.
In the event that the nature of a request to view records requires that the custodian of records or his/her designee 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 in excess of one hour by the custodian of records or his/her designee in accordance with the § 39-5B. Where such a charge is to be imposed, prior to rendering the service that will give rise to the charge, the custodian of records or his/her designee shall notify the requestor and give the requestor an opportunity to review the amount to be charged.
A fee 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 fee deposit shall equal the total estimated cost of filling the request. Information requested will not be provided until payment of fees has been rendered.