Property information
Dear Montville Township,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
ALL DOCUMENTS ON FILE pertaining to the property at
73 Changebridge Rd, Montville Township, NJ 07045
Including but not limited to records such as PERMITS(open or closed), Certificate of Occupancy, INSPECTIONS, new construction, addition or RENOVATIONS, PLANS, OIL TANK RECORDS OF ANY KIND, ANY DEP RECORDS, FIRE, TAX RECORDS. If there is any information regarding an oil tank being removed or decommissioned on the property, please provide that also.
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Please be advised that your request for "all documents on file pertaining to 73 Changebridge Rd" is overbroad under OPRA because it fails to adequately identify specific records and would require extensive interpretation and research by the custodian to determine what records might be responsive to your request. See Shipyard Assoc.’s v. City of Hoboken, 2015 WL 10352982, *5 (App. Div. Sept.15, 2015) (noting that the use of “any and all” and “not limited to” is improper under OPRA). A valid OPRA request must “identify with . . . specificity or particularity the government records sought.” “OPRA does not convert a custodian into a researcher.” Lagerkvist v. Office of Governor of State, 443 N.J. Super. 230, 237 (App. Div. 2015).
This request will be limited to the specifically identified government records "PERMITS(open or closed), Certificate of Occupancy, INSPECTIONS, new construction, addition or RENOVATIONS, OIL TANK RECORDS OF ANY KIND, ANY DEP RECORDS, TAX RECORDS. If there is any information regarding an oil tank being removed or decommissioned on the property"
Regarding your request for "plans" please be advised that, pursuant to the New Jersey Administrative Code (N.J.A.C.) 5:3, building plans are not releasable due to security concerns related to the safety of the building and individuals within it. Accordingly, we are unable to provide copies of the requested plans. However, in accordance with applicable regulations, you may schedule an appointment to view the plans in person at our office during regular business hours. Please respond to this email to arrange a mutually convenient time for viewing.
Regarding your request for "fire" each individual fire department is the record custodian for their records. You may contact Montville Fire Department if you are interested in obtaining copies of Fire Department records. [email address]
Danielle Bogdan
Deputy Clerk
Montville Township
195 Changebridge Road
Montville, NJ 07045
Office: 973-331-3345
Dear OPRA,
Thank you for your quick response. Understood. Please provide information you are allowed to provide under OPRA.
Thank you!
On 9/12 Montville Township received your OPRA request. Attached are copies
of responsive records.
OPRA now expressly allows for custodians to direct requestors to an agency
website. see Rodriguez v. Kean Univ., GRC 2013-69. N.J.S.A. 47:1A-5(e):
Custodians can direct requestors to the agency’s website to obtain
“complete and unabridged” records. Your request for “tax records” can be
fulfilled by viewing our OPRA reference page under the TAX COLLECTOR and
TAX ASSESSOR portions. [1]OPRA Reference Page | Montville Township, NJ
This request is now considered closed, kindly acknowledge receipt.
Thank You,
Danielle Bogdan
Deputy Clerk
Montville Township
195 Changebridge Road
Montville, NJ 07045
Office: 973-331-3345
References
Visible links
1. https://montvillenj.org/472/OPRA-Referen...
Dear Danielle Bogdan,
Thank you very much for above information. Plese confirm there is no record of oil tank presence on this property.
Yours sincerely,
NJ Resident
NJ Resident,
Open Public Records Act (OPRA) provides the public with access to identifiable government records. OPRA does not require a custodian to answer questions, provide explanations, or create new records; it only applies to existing, identifiable government records. If you have questions about the records provided you may contact the department responsible for those records, in this case the Health Department (973) 331-3316 or Construction Department (973) 331-3342 may be able to assist you.
Danielle Bogdan
Deputy Clerk
Montville Township
195 Changebridge Road
Montville, NJ 07045
Office: 973-331-3345