I am in receipt of your Open Public Records Request received July 17, 2024
for the following:

Any open/closed permits or surveys pertaining to 746 Wall Road. 

Pursuant to the requirements of N.J.S.A. 47:1A-1 et seq (hereinafter “Open
Public Records Act” or OPRA)  we herewith provide the following response
to your Open Public Records Act Request.  Please note that the Custodian
of the Records has sought and is producing only those records defined as
follows: 

“Government record” or “record” means any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof, including subordinate
boards thereof, or that has been received in the course of his or its
official business by any such officer, commission, agency, or authority of
the State or of any political subdivision thereof, including subordinate
boards thereof”.

The item attached below specifically addresses what the Records Custodian
believes to be responsive to the request.  Be advised the Borough does not
maintain surveys of properties. 

Please be advised that N.J.S.A. 47:1A-6 provides that a person who is
denied access to a government record by the custodian of the record, at
the option of the requestor, may institute a proceeding to challenge the
custodian's decision by filing an action in Superior Court which shall be
heard in the vicinage where it is filed by a Superior Court Judge who has
been designated to hear such cases because of that judge's knowledge and
expertise in matters relating to access to government records; or in lieu
of filing an action in Superior Court, file a complaint with the
Government Records Council established pursuant to N.J.S.A. 47:1A-7.

The right to institute any proceeding shall be solely that of the
requestor. Any such proceeding shall proceed in a summary or expedited
manner. The public agency shall have the burden of proving that the denial
of access is authorized by law. If it is determined that access has been
improperly denied, the court or agency head shall order that access be
allowed. A requestor who prevails in any proceeding shall be entitled to a
reasonable attorney's fee.

Very truly yours, 

Janine Gillis
Borough Clerk   

Janine Gillis, RMC, CMR
Borough Clerk
Assistant Borough Administrator
Certified Municipal Registrar
Borough of Spring Lake Heights
555 Brighton Avenue
Spring Lake Heights, New Jersey  07762
 
732.449.3500 phone
732.449.3535 fax