[HISTORY: Adopted by the Township Council of the Township of Old
Bridge 12-11-1995 by Ord. No. 65-95. Amendments
noted where applicable.]
GENERAL REFERENCES
Public records — See Ch. 380.
The Township Council makes the following findings and determinations,
to wit:
A.
The contour and planimetric maps of the area of this
Township prepared by Aerial Data Reduction Associates, Inc., dated April 8,
1994, consisting of large-scale planimetric maps at scales of one inch equals
100 feet with two-foot contours and a complete set of 240 topographic maps
at a scale of one inch equals 100 feet with two-foot contours and a complete
set of nine-inch-by-nine-inch contact prints at a scale of one inch equals
800 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 the 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 danger, deterioration and destruction; and
E.
The Township has, in the Office of the Township Engineer,
facilities to make prompt accurate copies, prints and digital copies of these
maps by reproduction methods which, if done by supervised personnel, will
not expose these maps or digital files to any unreasonable risk of loss, damage,
deterioration or destruction; and[1]
F.
Centralization of responsibility for the care, custody,
safety and the use of these maps and photographs is desirable to insure 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 digital copies thereof will be paid out of general taxation and accordingly
it is right and proper that fees for such prints and copies shall 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,
to wit:
A.
The maps and photographs shall be kept in locked fireproof
files to be provided, and the Township Engineer or his designee shall have
sole custody of the key or combination to the locks on such files and shall
keep these files locked.[1]
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 on request, the Township Engineer
or his designee 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.
During normal office hours, on written request and on
receipt of proof that the proper fees, herein established, have been paid
to the Township Chief Financial Officer, the Township Engineer or his designee
shall reproduce and deliver the requested copies, which may be either prints
or reproducible copies such as digital files, 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 one inch equals 100 feet, property
of the Township of Old Bridge, in the County of Middlesex, 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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(1)
In addition, the Township Engineer shall require that each print
or digital file 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 or a part of the Township of Old Bridge, 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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(2)
In addition, each print or digital file, 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 digital file 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 digital file 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 CFO who shall
accept and deposit the same and 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.
The following fees are established for prints, digital files or other
similar reproducible copies of the aforesaid topographic maps and planimetric
maps, and such fees, computed by the Township Engineer or his designee in
accordance with the schedule of rates hereinbelow set forth, 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 digital file. 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 hereinbelow set
forth. 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.
Said fees shall be computed in accordance with the following schedule of rates:
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Schedule of Rates
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Topographic Map to a Scale of 1 Inch Equals 100 Feet
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Rate Per Acre
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Acreage Shown
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$12.00
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On the first 50 acres, plus
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$6.00
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On the second 50 acres, plus
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$5.00
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On the excess over 100 acres $60.00
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Planimetric Map to a Scale of 1 Inch Equals 1,000 Feet
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Planimetric Map to a Scale of 1 Inch Equals 2,000 Feet
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Rate Per Acre
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Number of Copies
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$10.00
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For the first copy of any sheet
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$5.00
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For each additional copy of any sheet
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Minimum fee is $10.00
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