Requesting all permits open and closed for 35 Shorebrook Circle, Neptune 07753

Lisa Germino made this OPRA request to Neptune Township Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

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Dear Neptune 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 permits open and close for 35 Shore3brook Circle, Neptune NJ 07753

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.

Yours faithfully,
Lisa Germino
Salesperson/Realtor
Realty One Group Showcase
2275 W County Line Road
Jackson NJ 08527

William Bray, Neptune Township

Good morning,
As written your OPRA request is overly broad and therefore not a proper request.
OPRA allows you to request identifiable public records. OPRA requires the records custodian to search for records but does not require the records custodian to perform research. OPRA also does not allow for unbridled searches of our files, OPRA does not allow you to request "all" records.

For permits, we need more information to identify the records your are requesting. Please provide a permit number or a date when it was issued, the contractor, the homeowner, the type of permit the work permitted. For example you could ask for the electrical permit for the new 1/2 bathroom from 1996.

OPRA is not a research tool to figure out something with a property. The courts have ruled: In this regard, OPRA "is not intended as a research tool . . . to force government officials to identify and siphon useful information." Id. at 546,868 A.2d 1067. In other words, a records custodian is not required "to conduct research among its records… and correlate data from various government records in the custodian's possession." Id. at 546-47, 868 A.2d 1067. (internal citation omitted). To qualify under OPRA then, the request must reasonably identify a record and not generally data, information or statistics.
Nor does OPRA "authorize a party to make a blanket request for every document" a public agency has on file. See Gannett, supra, 379 N.J.Super. at213, 877 A.2d 330 . Rather, a party requesting access to a public record under OPRA must specifically describe the document sought. Ibid.; see also MAG Entm't, supra, 375 N.J.Super. at 546-49, 868 A.2d 1067 . OPRA operates to make identifiable government records "readily accessible for inspection, copying, or examination." N.J.S.A. 47:1A-1. As such, a proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency's documents. OPRA does not authorize unbridled searches of an agency's property. See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005)."

The township can provide a different record, a permit history report, which will detail all of the permits issued since these functions were computerized. Will that suffice?

Please advise

*A CERTIFICATE OF INSPECTION is required for ALL Residential Resales. Information on how to apply can be found here: https://neptunetownship.org/departments/... Fees apply. The township will pursue compliance with the new property owner, if an inspection is not done before closing.

DISCLAIMER:
The presence or absence of any permit should not be relied upon to demonstrate the condition of a property or whether alterations have been performed. A permit that has been fully executed, inspected, approved and closed out only indicates that at the time of inspection the permitted work met the minimum standards in place at the time the permit was issued. Illegal alterations or unpermitted work may have occurred after our last inspection. Furthermore, codes and standards may have changed still the worked was approved and it may not meet current construction codes. Additionally, underground storage tank may have been installed, removed or both before permitting was required and therefore you should not rely upon the existence or absence of permit to determine whether any have or still exist on the property. The best source of information about a property’s history and current condition is the current owner. OPRA is not a substitute for a Seller’s disclosure and does not fulfill your need for due diligence in any real estate transaction.

William Bray, RMC, CMR
Township Clerk
TOWNSHIP OF NEPTUNE
25 Neptune Boulevard
Neptune, NJ 07753
[email address]
732-988-5200 extension 234

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